McCray v. McCray Lumber Company et al
Plaintiff: Stewart P. McCray
Defendant: McCray Lumber Company, Chandler McCray and Harry C. McCray, III
Case Number: 2:2023cv02175
Filed: April 24, 2023
Court: US District Court for the District of Kansas
Presiding Judge: John W Broomes
Referring Judge: Angel D Mitchell
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 20, 2023 MOTION REFERRAL to Magistrate Judge REMOVED as to: #25 MOTION to Strike in Part Plaintiff's Reply in Support of Motion to Remand, or Alternatively for Leave to file Sur-Reply MOTION for Leave. The motion will be resolved by the District Judge.(ht)
June 19, 2023 Filing 25 MOTION to Strike in Part #24 Plaintiff's Reply in Support of Motion to Remand, or Alternatively for Leave to file Sur-Reply by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company. (Attachments: #1 Exhibit A)(Greenfield, Phillip) Added Motion for Leave (to file Sur-Reply) on 6/20/2023. (jal)
June 16, 2023 Filing 24 REPLY TO RESPONSE TO MOTION by Plaintiff Stewart P. McCray re: #13 Motion to Remand (Kampsen, Caleb)
June 7, 2023 Opinion or Order Filing 23 ORDER granting #22 Motion to Set Date Certain to Answer Petition. Defendants McCray Lumber Company, Chandler McCray, and Harry C. McCray III have until June 23, 2023, to file their answer to plaintiff's petition. Signed by Magistrate Judge Angel D. Mitchell on 6/7/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
June 7, 2023 Filing 22 MOTION for Extension of Time to File Answer by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company (referred to Magistrate Judge Angel D. Mitchell) (Greenfield, Phillip)
June 7, 2023 Filing 21 NOTICE of Withdrawal of Defendant's Motion to Dismiss by Chandler McCray, Harry C. McCray, III, McCray Lumber Company re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Greenfield, Phillip)
June 2, 2023 Filing 20 RESPONSE by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company re #13 Motion to Remand (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Greenfield, Phillip)
May 31, 2023 Opinion or Order Filing 19 ORDER denying #14 Plaintiff's Motion to Stay Pretrial Proceedings Pending Resolution of Plaintiff's Motion to Remand. The court has not yet entered an Initial Order Regarding Planning and Scheduling, so there currently are no "pretrial proceedings" to be stayed. The only items on the docket that remain pending relate to briefing on defendants' motion to dismiss and plaintiff's motion to remand, and briefing on those issues should continue. Signed by Magistrate Judge Angel D. Mitchell on 5/31/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
May 24, 2023 Filing 18 RESPONSE by Plaintiff Stewart P. McCray re #6 Motion to Dismiss for Failure to State a Clam. (Kampsen, Caleb)
May 19, 2023 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File Response as to #6 Motion to Dismiss for Failure to State a Claim. Response deadline 5/26/2023. Signed by District Judge John W. Broomes on 5/19/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rs)
May 19, 2023 Filing 16 MOTION for Extension of Time to File Response as to #6 Motion to Dismiss for Failure to State a Claim by Plaintiff Stewart P. McCray. (Kampsen, Caleb)
May 19, 2023 MOTION REFERRAL to Magistrate Judge REMOVED as to: #16 MOTION for Extension of Time to File Response as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . The motion will be resolved by the District Judge.(ht)
May 16, 2023 Filing 15 ENTRY OF APPEARANCE by J. Justin Johnston on behalf of Stewart P. McCray. (Johnston, J.)
May 12, 2023 Filing 14 MOTION to Stay Pretrial Proceedings Pending Resolution of Plaintiff's Motion to Remand by Plaintiff Stewart P. McCray. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Kampsen, Caleb)
May 12, 2023 Filing 13 MOTION to Remand by Plaintiff Stewart P. McCray. (Attachments: #1 Exhibit 1)(Kampsen, Caleb)
May 5, 2023 Filing 12 AMENDED NOTICE OF REMOVAL by McCray Lumber Company. Amendment to #1 Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Greenfield, Phillip) Modified title on 5/8/2023. (kao)
May 5, 2023 Opinion or Order Filing 11 ORDER: On April 28, 2023, the court ordered defendant McCray Lumber Company to show cause why the court should not recommend that the district judge remand this case for lack of subject matter jurisdiction. (ECF 7.) Now before the court is McCray's Second Motion for Leave to File Amended Notice of Removal (ECF 10), which now satisfies the court that McCray Lumber has sufficiently alleged facts indicating that the parties are completely diverse. Accordingly, the court grants #10 McCray Lumber's Second Motion for Leave to File Amended Notice of Removal and directs McCray Lumber to file its Amended Notice of Removal within three business days. Signed by Magistrate Judge Angel D. Mitchell on 5/5/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bal)
May 4, 2023 Filing 10 SECOND MOTION for Leave to Amend Notice of Removal by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Exhibit 1)(Greenfield, Phillip)
May 4, 2023 Opinion or Order Filing 9 ORDER: On April 28, 2023, the court ordered defendant McCray Lumber Company to show cause why the court should not recommend that the district judge remand this case for lack of subject matter jurisdiction. (ECF 7.) McCray Lumber responded by filing a Motion for Leave to File Amended Notice of Removal (ECF 8) that fixes most of the defective allegations, but it still does not allege sufficient facts to establish complete diversity because it does not specify the state where McCray Lumber's own principal place of business is located. Accordingly, the court denies #8 McCray Lumber's Motion for Leave to File Amended Notice of Removal. As previously ordered (ECF #7 ), McCray Lumber must show cause in writing by May 12, 2023, why the court should not recommend that the district judge remand this case for lack of subject-matter jurisdiction. Signed by Magistrate Judge Angel D. Mitchell on 5/4/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
May 2, 2023 Filing 8 MOTION for Leave to file Amended Notice of Removal by Defendant McCray Lumber Company. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Exhibit 1) (Savage, Carrie)
April 28, 2023 Opinion or Order Filing 7 NOTICE AND ORDER TO SHOW CAUSE. Because the notice of removal does not allege facts sufficient to establish complete diversity of citizenship, the court orders McCray Lumber to show cause in writing by 5/12/2023, why the court should not recommend that the district judge remand this case for lack of subject-matter jurisdiction. Any response to this show-cause order must point to factual allegations that, if true, would establish complete diversity of citizenship. Signed by Magistrate Judge Angel D. Mitchell on 4/28/2023. (mam)
April 28, 2023 Filing 6 WITHDRAWN PER #21 NOTICE. MOTION to Dismiss for Failure to State a Claim by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company. (Greenfield, Phillip) Modified on 6/8/2023 (ca).
April 24, 2023 Filing 5 CERTIFICATE OF SERVICE of Notice of Removal by McCray Lumber Company re #1 Notice of Removal. (Attachments: #1 Ex A, #2 Ex B) (Greenfield, Phillip)
April 24, 2023 Filing 4 CORPORATE DISCLOSURE STATEMENT by McCray Lumber Company identifying None as corporate parent. (Greenfield, Phillip)
April 24, 2023 Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendant McCray Lumber Company - trial to be held in Kansas City. (Greenfield, Phillip)
April 24, 2023 Filing 2 CIVIL COVER SHEET by Defendant McCray Lumber Company. (Greenfield, Phillip)
April 24, 2023 Filing 1 NOTICE OF REMOVAL from District Court of Johnson County, Kansas, case number 23CV02024, trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-6042620.), filed by McCray Lumber Company. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F, #7 Ex. G, #8 Ex. H) (Greenfield, Phillip)
April 24, 2023 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh)

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Plaintiff: Stewart P. McCray
Represented By: Caleb Francis Kampsen
Represented By: Matthew L. Heffner
Represented By: Tad C. Layton
Represented By: J. Justin Johnston
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Defendant: McCray Lumber Company
Represented By: Carrie Savage
Represented By: Phillip G. Greenfield
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Defendant: Chandler McCray
Represented By: Carrie Savage
Represented By: Phillip G. Greenfield
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Defendant: Harry C. McCray, III
Represented By: Carrie Savage
Represented By: Phillip G. Greenfield
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