Westirland Industries, Inc. v. Forest River Inc. et al
| Westirland Industries, Inc. |
| Forest River Inc., Champion Bus, el dorado bus, El Dorado Bus doing business as Rev Bus-Salina, Champion Bus, LLC and El Dorado National (Kansas), LLC |
| 2:2023cv02238 |
| May 24, 2023 |
| US District Court for the District of Kansas |
| Angel D Mitchell |
| Holly L Teeter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on July 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 DEMAND FOR TRIAL BY JURY by Forest River Inc. (Benevides, Jonathan) |
| Filing 19 ANSWER to #12 Amended Complaint by Forest River Inc. (Benevides, Jonathan) |
Filing 18
ORDER denying as moot #15 Motion for Extension of Time to Respond to Plaintiff's Amended Complaint for Breach of Contract. The motion is mooted by the filing of an amended motion (ECF 16). Signed by Magistrate Judge Angel D. Mitchell on 6/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 17
ORDER granting #16 Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint for Breach of Contract. Defendant Forest River, Inc. has until July 3, 2023, to file its answer or otherwise respond to plaintiff's amended complaint. Signed by Magistrate Judge Angel D. Mitchell on 6/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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| Filing 16 Unopposed MOTION for Extension of Time to File Answer re #12 Amended Complaint by Defendant Forest River Inc. (referred to Magistrate Judge Angel D. Mitchell) (Benevides, Jonathan) |
| Filing 15 MOTION for Extension of Time to File Answer re #12 Amended Complaint by Defendant Forest River Inc. (referred to Magistrate Judge Angel D. Mitchell) (Miller, Elizabeth) |
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Filing 14
ORDER denying as moot and without prejudice #7 motion to dismiss. Plaintiff has filed an amended complaint #12 and thus the motion to dismiss is no longer directed at the operative complaint. The Court therefore denies the motion to dismiss as moot and without prejudice. Signed by District Judge Holly L. Teeter on 6/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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Filing 13
ORDER denying as moot #11 Plaintiff's Motion to File Amended Complaint. This motion is mooted by plaintiff's filing of an amended complaint as a matter of course under FED. R. CIV. P. 15(a)(1)(B). (ECF #12 .) Signed by Magistrate Judge Angel D. Mitchell on 6/12/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bal)
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| Filing 12 AMENDED COMPLAINT for breach of contract against Forest River, Inc., Champion Bus, LLC, El Dorado National (Kansas), LLC, filed by Westirland Industries, Inc. (Johnson, Brian) (Modified on 6/20/2023 to correct parties filed against. (heo)) |
| Filing 11 MOTION to Amend Complaint re #1 Notice of Removal, by Plaintiff Westirland Industries, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Johnson, Brian) |
| Filing 10 MEMORANDUM IN SUPPORT of #9 Response re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Westirland Industries, Inc.(Johnson, Brian) (Modified on 6/12/2023 correct title and add link. (heo)) |
| Filing 9 RESPONSE by Plaintiff Westirland Industries, Inc. re #7 Motion to Dismiss for Failure to State a Claim (Johnson, Brian) |
| Filing 8 MEMORANDUM IN SUPPORT of #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Forest River Inc.(Benevides, Jonathan) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Forest River Inc. (Benevides, Jonathan) |
| NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding 6 Return of Service of Summons Executed. The entry identified Forest River Inc. as the party served, however, it was non-party, Forest River Bus LLC that was actually served. There is currently no proof of service for the 3 defendants listed on the docket sheet. (ca) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter 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 (nao) |
| Filing 6 DISREGARD. THE PARTY SERVED IS NOT A PARTY TO THIS CASE. THERE IS CURRENTLY NO PROOF OF SERVICE FOR THE 3 DEFENDANTS LISTED ON THE DOCKET SHEET. SUMMONS RETURNED EXECUTED upon Forest River Inc. The party was served on 4/28/2023 by the Elkhart County Sheriffs Office, Elkhart County, Indiana. ORIGINALLY FILED in District Court of Labette County, Kansas on 5/5/2023. See #5 State Court Records (pg. 6) for filing. (ca) Modified on 5/25/2023 (ca). |
| Filing 5 STATE COURT RECORDS from District Court of Labette County, Kansas. (Benevides, Jonathan) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Forest River Inc. identifying None as corporate parent. (Benevides, Jonathan) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendant Forest River Inc. - trial to be held in Kansas City. (Benevides, Jonathan) |
| Filing 2 CIVIL COVER SHEET by Defendant Forest River Inc. (Benevides, Jonathan) (Additional attachment added on 5/25/2023: #1 Signed version of Civil Cover Sheet) (nao) |
| Filing 1 NOTICE OF REMOVAL from District Court of Labette County, Kansas, case number LBP-2023-CV-44, trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-6069079.), filed by Forest River Inc. (Attachments: #1 Exhibit Petition, #2 Exhibit Articles of Incorporation, #3 Exhibit Indiana Secretary of State Business Details, #4 Exhibit Affidavit of Darrel O. Ritchie, #5 Exhibit Notice of Removal to State Court)(Benevides, Jonathan) |
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