Estate of Chad Logan, The v. Busch et al
| Estate of Chad Logan, The |
| Thomas S. Busch and Martin, Pringle, Oliver, Wallace & Bauer L.L.P. |
| 2:2022cv02087 |
| March 3, 2022 |
| US District Court for the District of Kansas |
| John W Broomes |
| Kenneth G Gale |
| Teresa J James |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity - Legal Malpractice |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
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Filing 61
ORDER granting #60 Unopposed MOTION for Extension of Time to File Response as to #57 MOTION for Summary Judgment . Response deadline 8/9/2022. Entered by District Judge John W. Broomes on 07/15/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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| Filing 60 Unopposed MOTION for Extension of Time to File Response as to #57 MOTION for Summary Judgment by Plaintiff Estate of Chad Logan, The (referred to Magistrate Judge Kenneth G. Gale) (Hargens, Michael) |
| Filing 59 JOINT MEDIATION NOTICE - Mediation to be held 07/28/2022 by Thomas S. Busch, Martin, Pringle, Oliver, Wallace & Bauer L.L.P. and the Estate of Chad Logan (Church, Daniel) |
| Filing 58 DOCKET ANNOTATION: An corrected version of Exhibit 14 re #57 MOTION for Summary Judgment has been added to the entry and this annotation for noticing purposes only. (hw) |
| Filing 57 MOTION for Summary Judgment by Defendants Thomas S. Busch, Martin, Pringle, Oliver, Wallace & Bauer L.L.P. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Church, Daniel) (Additional attachment(s) added on 6/29/2022: #16 Corrected Exhibit 14) (hw). |
| Filing 56 NOTICE OF SERVICE by Thomas S. Busch, Martin, Pringle, Oliver, Wallace & Bauer L.L.P. of First Requests for Production of Documents and First Set of Interrogatories to Plaintiff (Church, Daniel) |
| Filing 55 Amended NOTICE of Intent to Compare Fault by Thomas S. Busch, Martin, Pringle, Oliver, Wallace & Bauer L.L.P. (Church, Daniel) |
| Filing 54 NOTICE of Intent to Compare Fault by Thomas S. Busch, Martin, Pringle, Oliver, Wallace & Bauer L.L.P. (Church, Daniel) |
| Filing 53 CORPORATE DISCLOSURE STATEMENT by Martin, Pringle, Oliver, Wallace & Bauer L.L.P. identifying None as corporate parent . (Church, Daniel) |
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Filing 52
SCHEDULING ORDER: Estimated trial time 7 days. Discovery deadline 8/31/2022. Dispositive motion deadline 10/7/2022. Mediation deadline 7/29/2022. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 6/30/2022. Proposed Pretrial Order due by 9/14/2022. Final Pretrial Conference set for 9/21/2022 at 10:00 AM by telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. Signed by Magistrate Judge Kenneth G. Gale on 3/31/22. (df)
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| MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 3/31/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
| Filing 51 DOCKET ANNOTATION: A corrected version of #50 Protective Order has been added to the entry and this annotation for noticing purposes only. (hw) |
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Filing 50
PROTECTIVE ORDER. Signed by Magistrate Judge Kenneth G. Gale on 3/29/22. (df) (Additional attachment(s) added on 3/29/2022: #1 Corrected Order) (hw).
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Filing 49
ORDER granting #46 Motion to Appear Pro Hac Vice of James F. Monafo for Estate of Chad Logan pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 3/29/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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Filing 48
ORDER granting #47 Motion to Appear Pro Hac Vice of Kyle P. Seelbach for Estate of Chad Logan, The pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 3/29/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| Filing 47 MOTION for attorney Kyle P. Seelbach to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5745993.) by Plaintiff Estate of Chad Logan, The (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit Declaration of Kyle Seelbach in Support of Motion for Pro Hac Vice, #2 ECF Registration Form)(Hargens, Michael) |
| Filing 46 MOTION for attorney James F. Monafo to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5745977.) by Plaintiff Estate of Chad Logan, The (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit Declaration of Jim Monafo in Support of Motion for Pro Hac Vice, #2 ECF Registration Form)(Hargens, Michael) |
| Filing 45 ANSWER to Amended Complaint by Martin, Pringle, Oliver, Wallace & Bauer L.L.P. (Church, Daniel) |
| Filing 44 ANSWER to Amended Complaint by Thomas S. Busch. (Church, Daniel) |
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Filing 43
ORDER REGARDING PLANNING AND SCHEDULING. The Court has granted the parties' #37 joint motion to modify scheduling order. The Court hereby suspends the prior #19 scheduling order entered by the United States District Court for the Western District of Missouri prior to this case being transferred to the District of Kansas. In accordance with the mandate of Fed.R.Civ.P. for the "just, speedy, and inexpensive" determination of all civil cases, the undersigned U.S. Magistrate Judge, will conduct a scheduling conference in this case in accordance with Fed.R.Civ.P. 16. Given the status of the case, the parties are relieved of the requirements to meet & confer, exchange initial disclosures, and provide the Court with a report of parties' planning meeting. The Court will generate a revised Scheduling Order after consultation with the parties during the Scheduling Conference. Scheduling Conference set for 3/31/2022 at 10:00 AM by telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. Signed by Magistrate Judge Kenneth G. Gale on 3/10/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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Filing 42
ORDER granting #37 Joint Motion to Modify #19 Scheduling Order. The Court will subsequently issue a revised Scheduling Order. Signed by Magistrate Judge Kenneth G. Gale on 3/7/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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Filing 41
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Kenneth G. Gale for all further proceedings. Signed by Magistrate Judge Teresa J. James on 3/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(tvn)
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| Filing 40 LETTER to counsel regarding pro hac requirements. (mam) |
| Filing 39 CASE TRANSFERRED in from the Western District of Missouri (Kansas City), case no. 4:21-cv-00416-RK. Electronic file certified copy of transfer order and docket sheet received. (mam) |
| Case electronically transferred to District of District of Kansas. This is a TEXT ONLY ENTRY. No document is attached. (Crocker, Susan) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 38
ORDER following the Court's prior order (Doc. #32 ) denying in part and holding in part Defendants' motion to dismiss, it is now ORDERED that (1) Defendants' motion to dismiss (Doc. #11 ) as to Thomas S. Busch is denied, and (2) this case is transferred to the United States District Court for the District of Kansas pursuant to 28 U.S.C. 1404(a), as provided herein. Signed on 2/23/2022 by District Judge Roseann Ketchmark. (Brown, Jonathan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 37 Joint MOTION to amend/correct Joint Motion to Modify Scheduling Order filed by James F. Monafo on behalf of The Estate of Chad Logan. Suggestions in opposition/response due by 2/28/2022 unless otherwise directed by the court. (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 36 NOTICE of appearance by Brittain Edward McClurg on behalf of Martin, Pringle, Oliver, Wallace & Bauer, LLP (Attorney Brittain Edward McClurg added to party Martin, Pringle, Oliver, Wallace & Bauer, LLP(pty:dft))(McClurg, Brittain) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 35 REPLY SUGGESTIONS to motion re #33 Supplemental MOTION to reassign/transfer case to the United States District Court for the District of Kansas filed by Daniel F Church on behalf of Defendants Thomas S Busch, Martin, Pringle, Oliver, Wallace & Bauer, LLP. (Attachments: #1 Exhibit E, #2 Exhibit F)(Related document(s) #33 ) (Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 34 SUGGESTIONS in opposition re #33 Supplemental MOTION to reassign/transfer case to the United States District Court for the District of Kansas (Plaintiff's Supplemental Brief in Opposition to Transfer Case) filed by James F. Monafo on behalf of Plaintiff The Estate of Chad Logan. Reply suggestions due by 1/11/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit 1)(Related document(s) #33 ) (Monafo, James) Modified on 1/4/2022 to reflect the reply suggestion due date (1/11/2022) pursuant to the briefing schedule set forth in Doc. #32 . (Brown, Jonathan). [Transferred from Missouri Western on 3/3/2022.] |
| Filing 33 Supplement to #11 MOTION to dismiss case filed by Daniel F Church on behalf of Thomas S Busch, Martin, Pringle, Oliver, Wallace & Bauer, LLP, as ordered by the Court in Doc. #32 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Church, Daniel) Modified on 12/20/2021 to reflect 1/4/2022 due date for Plaintiff's supplemental brief in response pursuant to Doc. #32 .(Brown, Jonathan). Modified on 1/13/2022 to correct docket event and terminate motion deadlines (Crocker, Susan). Modified on 1/13/2022 (Brown, Jonathan). [Transferred from Missouri Western on 3/3/2022.] |
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Filing 32
ORDER denying in part and holding in part #11 Defendants' motion to dismiss case: (1) Defendants' motion to dismiss for improper venue and failure to state a claim based on the statute of limitations is DENIED, and (2) Defendants' motion to dismiss for lack of personal jurisdiction is DENIED as to Martin, Pringle, Oliver, Wallace & Bauer, LLP, and is HELD as to Thomas S. Busch pending the parties' supplemental briefing on whether transfer of this case under 28 U.S.C. 1404(a) is appropriate. Defendants' supplemental brief is due by December 20, 2021; Plaintiff's supplemental brief in response is due by January 4, 2021; and Defendants' reply brief (if any) is due by January 11, 2021. Finally, Defendants' motion to stay discovery #12 is DENIED. Signed on 12/6/2021 by District Judge Roseann Ketchmark. (Brown, Jonathan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 31 REPLY SUGGESTIONS to motion re #11 MOTION to dismiss case filed by Daniel F Church on behalf of Defendants Thomas S Busch, Martin, Pringle, Oliver, Wallace & Bauer, LLP. (Attachments: #1 Exhibit 5)(Related document(s) #11 ) (Church, Daniel) (Attachment 1 replaced on 9/15/2021 at the request of counsel) (Houston, Kiambu). [Transferred from Missouri Western on 3/3/2022.] |
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Filing 30
ORDER granting #29 Defendants' unopposed motion for leave to file excess pages as to Defendants' reply in support of #11 Defendants' motion to dismiss. Defendants' reply shall not exceed twenty-five (25) pages in length as calculated in accordance with Local Rule 7.0(d)(2). Signed on 9/10/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Brown, Jonathan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 29 MOTION for leave to file excess pages Defendants' Unopposed Motion For Leave to File Reply in Support of Defendants' Motion to Dismiss Plaintiff's Amended Complaint in Excess of the Ten-Page Limit filed by Daniel F Church on behalf of All Defendants. Suggestions in opposition/response due by 9/24/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 28 REPLY SUGGESTIONS to motion re #12 MOTION to stay Discovery filed by Daniel F Church on behalf of Defendants Thomas S Busch, Martin, Pringle, Oliver, Wallace & Bauer, LLP. (Related document(s) #12 ) (Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 27
ORDER granting #26 motion for extension of time to file response/reply re #11 MOTION to dismiss case. Reply suggestions due by 9/10/2021 unless otherwise directed by the court. Signed on 8/25/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Brown, Jonathan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 26 MOTION for extension of time to file response/reply as to #25 Suggestions in Opposition to Motion, to Dismiss filed by Daniel F Church on behalf of Thomas S Busch, Martin, Pringle, Oliver, Wallace & Bauer, LLP. Suggestions in opposition/response due by 9/8/2021 unless otherwise directed by the court. (Related document(s) #25 ) (Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 25 SUGGESTIONS in opposition re #11 MOTION to dismiss case filed by James F. Monafo on behalf of Plaintiff The Estate of Chad Logan. Reply suggestions due by 9/2/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - Declaration of Michael Hargens)(Related document(s) #11 ) (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 24
ORDER granting #22 motion for leave to file in excess pages Suggestions in Opposition to Defendants' Motion to Dismiss Plaintiff's Amended Complaint. Signed on 8/19/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Brown, Jonathan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 23 SUGGESTIONS in opposition re #12 MOTION to stay Discovery Pending Resolution of Defendants' Motion To Dismiss Plaintiff's Amended Complaint filed by James F. Monafo on behalf of Plaintiff The Estate of Chad Logan. Reply suggestions due by 8/31/2021 unless otherwise directed by the court. (Related document(s) #12 ) (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 22 MOTION for leave to file excess pages Plaintiff's Unopposed Motion For Leave To File Suggestions In Opposition To Defendants' Motion To Dismiss Plaintiff's Amended Complaint In Excess Of The Fifteen-Page Limit filed by James F. Monafo on behalf of The Estate of Chad Logan. Suggestions in opposition/response due by 8/31/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 21
ORDER finding as moot #7 motion to remand per 21 Order granting #20 motion to withdraw document. Signed on 8/12/21 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Dollar, Jordan)[Transferred from Missouri Western on 3/3/2022.]
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| Filing 20 MOTION to withdraw document #7 MOTION to remand , #8 Suggestions in Support of Motion, (Plaintiff's Withdrawal of Its Motion to Remand) filed by James F. Monafo on behalf of The Estate of Chad Logan. Suggestions in opposition/response due by 8/25/2021 unless otherwise directed by the court. (Related document(s) #7 , #8 ) (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 19
SCHEDULING ORDER: Discovery due by 5/2/2022. Dispositive Motions due by 6/1/2022. Status Conference set for 3/30/2022 10:30 AM via teleconference. Initial Pretrial Conference set for 11/11/2022 11:30 AM, Final Pretrial Conference set for 12/9/2022 11:30 AM, and Jury Trial set for 12/12/2022 08:30 AM in Courtroom 8E, Kansas City (RK) before District Judge Roseann Ketchmark. Signed on August 11, 2021 by District Judge Roseann Ketchmark. (Wheeler, LaTandra) [Transferred from Missouri Western on 3/3/2022.]
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Filing 18
ORDER granting #17 motion for extension of time to file response/reply re #11 MOTION to dismiss case , #12 MOTION to stay Discovery Suggestions in opposition/response due by 8/17/2021 unless otherwise directed by the court. Signed on 8/9/21 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Dollar, Jordan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 17 Consent MOTION for extension of time to file response/reply as to #11 MOTION to dismiss case , #12 MOTION to stay Discovery filed by James F. Monafo on behalf of The Estate of Chad Logan. Suggestions in opposition/response due by 8/20/2021 unless otherwise directed by the court. (Related document(s) #11 , #12 ) (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 16
ORDER granting #15 motion for extension of time to file response/reply re #7 MOTION to remand . Reply suggestions due by 8/13/2021 unless otherwise directed by the court. Signed on 8/5/21 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Dollar, Jordan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 15 Consent MOTION for extension of time to file response/reply as to #7 MOTION to remand , #8 Suggestions in Support of Motion, filed by Michael S. Hargens on behalf of The Estate of Chad Logan. Suggestions in opposition/response due by 8/18/2021 unless otherwise directed by the court. (Related document(s) #7 , #8 ) (Hargens, Michael) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 14 Joint PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN by The Estate of Chad Logan. (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 13
ORDER finding as moot #4 Motion to Dismiss for Failure to State a Claim; finding as moot #4 motion to dismiss for lack of jurisdiction per the amended Complaint. Signed on 7/29/21 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Dollar, Jordan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 12 MOTION to stay Discovery filed by Daniel F Church on behalf of All Defendants. Suggestions in opposition/response due by 8/10/2021 unless otherwise directed by the court. (Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 11 MOTION to dismiss case filed by Daniel F Church on behalf of All Defendants. Suggestions in opposition/response due by 8/10/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Courtesy Copy), #4 Exhibit 4 (Courtesy Copy))(Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 10 SUGGESTIONS in opposition re #7 MOTION to remand filed by Daniel F Church on behalf of Defendants Thomas S Busch, Martin, Pringle, Oliver, Wallace & Bauer, LLP. Reply suggestions due by 8/6/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Related document(s) #7 ) (Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 9 AMENDED COMPLAINT against Thomas S Busch, Martin, Pringle, Oliver, Wallace & Bauer, LLP filed by James F. Monafo on behalf of The Estate of Chad Logan.(Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 8 SUGGESTIONS in support re #7 MOTION to remand filed by James F. Monafo on behalf of Plaintiff The Estate of Chad Logan. (Attachments: #1 Exhibit A - LinkedIn Profile, #2 Exhibit B - March 2010 Johnson County Bar Association Letter, #3 Exhibit C - LexisNexis Public Records Report, #4 Exhibit D - Westlaw Public Records Report)(Related document(s) #7 ) (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 7 MOTION to remand filed by James F. Monafo on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/27/2021 unless otherwise directed by the court. (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 6
ORDER granting #5 motion for extension of time to file response/reply re #4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to dismiss for lack of jurisdiction. Suggestions in opposition/response due by 7/20/2021 unless otherwise directed by the court. Signed on 6/30/21 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Dollar, Jordan) [Transferred from Missouri Western on 3/3/2022.]
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| Filing 5 Consent MOTION for extension of time to file response/reply as to #4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to dismiss for lack of jurisdiction filed by James F. Monafo on behalf of The Estate of Chad Logan. Suggestions in opposition/response due by 7/13/2021 unless otherwise directed by the court. (Related document(s) #4 ) (Monafo, James) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , First MOTION to dismiss for lack of jurisdiction filed by Daniel F Church on behalf of All Defendants. Suggestions in opposition/response due by 7/6/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
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Filing 3
RULE 16 NOTICE. Rule 26 conference due by 7/16/2021. Proposed scheduling order due by 7/30/2021. Signed on June 16, 2021 by District Judge Roseann Ketchmark. (Wheeler, LaTandra) [Transferred from Missouri Western on 3/3/2022.]
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| 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)(Woods, Gloria) [Transferred from Missouri Western on 3/3/2022.] |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Circuit Court of Jackson County County, case number 2116-CV09472, filed by Daniel F Church. Filing fee $402, receipt number AMOWDC-7455959. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Church, Daniel) [Transferred from Missouri Western on 3/3/2022.] |
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