Casey et al v. Chuck Reid, LLC et al
| Michael Casey and Arlene Casey |
| Phoenix Renovation and Restoration, Inc. and Chuck Reid, LLC |
| 2:2021cv02234 |
| May 21, 2021 |
| US District Court for the District of Kansas |
| James P O'Hara |
| Holly L Teeter |
| Torts to Land |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 40 STIPULATION OF DISMISSAL by Arlene Casey, Michael Casey. (Hill, Michael) |
| ***Civil Case Terminated per #40 Stipulation of Dismissal.(kas) |
| Filing 39 RESPONSE re #38 Order to Show Cause, by Defendant Phoenix Renovation and Restoration, Inc.(Blumreich, Craig) |
Filing 38
ORDER TO SHOW CAUSE. The parties are directed to show cause why their right to enforce a forum-selection clause trumps 28 U.S.C. 1441(b)(2) and why the case shouldn't be remanded to Kansas state court under the principles of removal diversity jurisdiction. The parties are directed to submit a response to this order by June 28, 2021. Signed by Magistrate Judge James P. O'Hara on 6/14/21. (jc)
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| Filing 37 ENTRY OF APPEARANCE by Michael Hill on behalf of All Plaintiffs (Hill, Michael) |
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Filing 36
INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/21/2021 at 9:00 AM by Telephone before Magistrate Judge James P. O'Hara. Rule 26 Planning Conference Deadline 7/6/2021. Report of Parties Planning Meeting deadline and Rule 26 Initial Disclosures deadline 7/12/2021. All parties and counsel participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference. Signed by Magistrate Judge James P. O'Hara on 6/10/2021. (ss) Modified on 6/11/2021 to update text to match Order (jal).
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Filing 35
ORDER. On May 21, 2021, the Court ordered Defendant Phoenix Renovation and Restoration, Inc. to show cause why this case should not be dismissed for lack of subject-matter jurisdiction #31 . Defendant Phoenix Renovation and Restoration, Inc. initially responded and provided additional information about Defendant Chuck Reid, LLC #32 . The Court then issued a second show-cause order (Doc. 33) because the response did not address the citizenship of Defendant Phoenix Renovation and Restoration, Inc. Defendant Phoenix Renovation and Restoration, Inc. has now responded #34 and has adequately identified the citizenship of all parties, which are diverse under 28 U.S.C. 1332. Based on the information provided, the Court finds that Defendant Phoenix Renovation and Restoration, Inc. has satisfied its burden to show why this case should not be dismissed for lack of subject-matter jurisdiction. Signed by District Judge Holly L. Teeter on 6/10/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
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| Filing 34 RESPONSE re #33 Order to Show Cause, by Defendant Phoenix Renovation and Restoration, Inc. (Attachments: #1 Affidavit Eric Hugunin)(Blumreich, Craig) |
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Filing 33
ORDER TO SHOW CAUSE - The Court orders Defendant Phoenix Renovation and Restoration, Inc. SHOW CAUSE in writing on or before June 14, 2021, why this case should not be remanded to state court for lack of subject-matter jurisdiction. Signed by District Judge Holly L. Teeter on 6/7/2021. (md)
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| Filing 32 RESPONSE re #31 Order to Show Cause, by Defendant Phoenix Renovation and Restoration, Inc. (Attachments: #1 Affidavit Chuck Reid)(Blumreich, Craig) |
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Filing 31
ORDER TO SHOW CAUSE. Defendant Phoenix Renovation and Restoration, Inc. SHOW CAUSE in writing on or before June 4, 2021, why this case should not be remanded to state court for lack of subject-matter jurisdiction. Signed by District Judge Holly L. Teeter on 5/21/2021. (md)
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| Filing 30 Letter from the clerk to counsel regarding pro hac vice requirements. (kas) |
| Filing 29 CASE TRANSFERRED IN from District of Missouri Western; Case Number 4:20-cv-00954. Electronic file certified copy of transfer order and docket sheet received. (kas) |
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Filing 28
ORDER TRANSFERRING CASE: Defendant Phoenix Renovation and Restoration, Inc.'s Motion to Transfer Due to Improper Venue (Doc. #2) is GRANTED. It is further, ORDERED that the Clerk of the Court is directed to transfer this action to the United States District Court for the District of Kansas. Signed on May 17, 2021 by Magistrate Judge Lajuana M. Counts. (Chorny, Traci) [Transferred from Missouri Western on 5/21/2021.]
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| Filing 27 STIPULATION re #2 MOTION to reassign/transfer case Due to Improper Venue by Arlene Casey, Michael Casey. (Related document(s) #2 ) (Hill, Michael) [Transferred from Missouri Western on 5/21/2021.] |
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Filing 26
ORAL ORDER lifting the stay on briefing and ruling as to Defendant Phoenix Renovation and Restoration, Inc.'s Motion to Transfer Due to Improper Venue (Doc. #2 ). Plaintiffs' responsive brief is due on or before May 6, 2021. Defendants' reply briefs is due ten days after Plaintiffs' responsive brief is filed. Signed on April 9, 2021 by Magistrate Judge Lajuana M. Counts. This is a TEXT ONLY ENTRY. No document is attached. (Clinton, Erica) [Transferred from Missouri Western on 5/21/2021.]
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| Filing 25 NOTICE of appearance by Michael Hill on behalf of All Plaintiffs (Attorney Michael Hill added to party Arlene Casey(pty:pla), Attorney Michael Hill added to party Michael Casey(pty:pla))(Hill, Michael) [Transferred from Missouri Western on 5/21/2021.] |
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Filing 24
ORDER granting #22 motion to appear pro hac vice entered by Clerk of Court. Attorney Craig C. Blumreich for Phoenix Renovation and Restoration, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal) [Transferred from Missouri Western on 5/21/2021.]
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| Filing 23 AFFIDAVIT re #22 Motion to allow Craig C. Blumreich to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7335237) by Phoenix Renovation and Restoration, Inc.. (Related document(s) #22 ) (Rackers, Christopher) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 22 Motion to allow Craig C. Blumreich to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7335237) filed by Christopher P. Rackers on behalf of Phoenix Renovation and Restoration, Inc.. (Rackers, Christopher) (Main Document 22 replaced using proper form on 3/17/2021) (Berner, Crystal). [Transferred from Missouri Western on 5/21/2021.] |
| Filing 21 NOTICE of Magistrate Judge Assignment Returned by Arlene Casey, Michael Casey, Chuck Reid, LLC, Phoenix Renovation and Restoration, Inc.. Jurisdiction by magistrate judge accepted. ALL PARTIES HAVE CONSENTED. (Attachments: #1 Magistrate Consent, #2 Magistrate Consent)(Melvin, Greg) [Transferred from Missouri Western on 5/21/2021.] |
| SECOND NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to defendant Chuck Reid, LLC: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 3/12/2021 unless otherwise directed by the court. (Melvin, Greg) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 20 DISCLOSURE OF CORPORATE INTERESTS of Defendant Cuck Reid, LLC filed by John Michael Graham, Jr on behalf of Defendant Chuck Reid, LLC.(Graham, John) [Transferred from Missouri Western on 5/21/2021.] |
| NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to defendant Chuck Reid, LLC: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 2/17/2021 unless otherwise directed by the court. (Melvin, Greg) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 19 NOTICE of appearance by John Michael Graham, Jr on behalf of Chuck Reid, LLC (Graham, John) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 18 ANSWER to Complaint with Jury Demand on behalf of Chuck Reid, LLC.(Attorney John Michael Graham, Jr added to party Chuck Reid, LLC(pty:dft))(Graham, John) [Transferred from Missouri Western on 5/21/2021.] |
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Filing 17
TRIAL ORDER, Signed on January 25, 2021 by Magistrate Judge Lajuana M. Counts. Jury Trial set for 4/4/2022 09:00 AM in Courtroom 6E, Kansas City (LMC) before Magistrate Judge Lajuana M. Counts (*please note this is set to last approximately 3 days*). Pretrial Conference set for 3/28/2022 01:30 PM Courtroom 6E, Kansas City (LMC) before Magistrate Judge Lajuana M. Counts. Proposed Jury Instructions, Proposed Voir Dire, and Proposed Exhibit and Witness Lists due by 3/7/2022. See order for additional deadlines. (Chorny, Traci) [Transferred from Missouri Western on 5/21/2021.]
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Filing 16
ORAL ORDER The Court hereby adopts the parties' proposed Discovery Schedule found in section B of Doc. #15 . Discovery shall close on October 31, 2021. All dispositive motions shall be filed on or before December 15, 2021. See the Discovery Schedule found in section B of Doc. #15 for additional deadlines. Signed on January 25, 2021 by Magistrate Judge Lajuana M. Counts. (Clinton, Erica) [Transferred from Missouri Western on 5/21/2021.]
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| Filing 15 PROPOSED SCHEDULING ORDER by Phoenix Renovation and Restoration, Inc.. (Rackers, Christopher) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 14 RETURN OF SERVICE of complaint executed by Michael Casey, Arlene Casey. Chuck Reid, LLC served on 1/4/2021, answer due 1/25/2021. (Zmijewski, Daniel) [Transferred from Missouri Western on 5/21/2021.] |
| SUMMONS ISSUED as to Chuck Reid, LLC. (Woods, Gloria) [Transferred from Missouri Western on 5/21/2021.] |
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Filing 13
ORAL ORDER granting #11 Joint Motion for Stay of Ruling. The briefing and ruling on Defendant Phoenix Renovation and Restoration, Inc.'s Motion to Transfer Due to Improper Venue (Doc. #2 ) is stayed pending mediation. The parties shall inform the Court of the date of the mediation once it is scheduled. Signed on December 22, 2020 by Magistrate Judge Lajuana M. Counts. This is a TEXT ONLY ENTRY. No document is attached. (Clinton, Erica) [Transferred from Missouri Western on 5/21/2021.]
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| Filing 11 Joint MOTION to stay OF RULING filed by Christopher P. Rackers on behalf of Phoenix Renovation and Restoration, Inc.. Suggestions in opposition/response due by 1/4/2021 unless otherwise directed by the court. (Rackers, Christopher) [Transferred from Missouri Western on 5/21/2021.] |
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Filing 10
ORAL ORDER granting #9 Unopposed Motion for Extension of Time and Suggestions in Support. Plaintiffs Michael and Arlene Casey's response to Defendant Phoenix's Motion to Transfer Due to Improper Venue is due on or before 1/4/2021. Signed on December 18, 2020 by Magistrate Judge Lajuana M. Counts. This is a TEXT ONLY ENTRY. No document is attached. (Clinton, Erica) [Transferred from Missouri Western on 5/21/2021.]
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| Filing 9 Consent MOTION for extension of time to file response/reply as to #2 MOTION to reassign/transfer case Due to Improper Venue filed by Daniel R. Zmijewski on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/31/2020 unless otherwise directed by the court. (Related document(s) #2 ) (Zmijewski, Daniel) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 8 DISCLOSURE OF CORPORATE INTERESTS filed by Christopher P. Rackers on behalf of Defendant Phoenix Renovation and Restoration, Inc..(Rackers, Christopher) [Transferred from Missouri Western on 5/21/2021.] |
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Filing 7
RULE 16 NOTICE. Proposed scheduling order due on or before 1/25/2021. Rule 26 conference due by 1/11/2021. The parties are directed to review and comply with the Notice of Pretrial Procedures. Signed on December 4, 2020 by Magistrate Judge Lajuana M. Counts. (Clinton, Erica) [Transferred from Missouri Western on 5/21/2021.]
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| Filing 6 CONSENT to Mediation by Phoenix Renovation and Restoration, Inc.(Rackers, Christopher) Modified on 12/4/2020: Document deleted. Consent form sent to case processor who handles notice of magistrate assignments. NEF regenerated. (Melvin, Greg) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 5 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to Program Director. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 4 Defendant Phoenix Renovation and Restoration, Inc.'s ANSWER to Complaint with Jury Demand on behalf of Phoenix Renovation and Restoration, Inc.. (Attachments: #1 Exhibit A)(Rackers, Christopher) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 3 NOTICE of filing Notice To Plaintiff of Removal by Phoenix Renovation and Restoration, Inc. (Rackers, Christopher) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 2 MOTION to reassign/transfer case Due to Improper Venue filed by Christopher P. Rackers on behalf of Phoenix Renovation and Restoration, Inc.. Suggestions in opposition/response due by 12/17/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Rackers, Christopher) [Transferred from Missouri Western on 5/21/2021.] |
| Filing 1 NOTICE OF REMOVAL from Jackson County, case number 2016-CV18541, filed by Christopher P. Rackers on behalf of Phoenix Renovation and Restoration, Inc.. Filing fee $ 402, receipt number AMOWDC-7170060. (Attachments: #1 Exhibit A)(Rackers, Christopher) (Additional attachment(s) added on 12/3/2020: #2 Civil Cover Sheet) (Woods, Gloria). Modified on 5/10/2021 attachment 1 replaced at the request of counsel. NEF regenerated to all parties. (Kern, Kendra). [Transferred from Missouri Western on 5/21/2021.] |
| NOTICE OF MAGISTRATE ASSIGNMENT as to all parties: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 12/24/2020 unless otherwise directed by the court. (Woods, Gloria) [Transferred from Missouri Western on 5/21/2021.] |
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