Skyline Trucking, Inc. v. Freightliner Truck Center Companies et al
| Skyline Trucking, Inc. |
| Freightliner Truck Center Companies doing business as Truck Center Companies, Transwest Truck Trailer RV and Diamler Trucks North America, LLC |
| 5:2022cv04052 |
| September 28, 2022 |
| US District Court for the District of Kansas |
| Daniel D Crabtree |
| Teresa J James |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 37
ORDER CONVERTING SCHEDULING CONFERENCE TO A STATUS CONFERENCE. The Scheduling Conference set for 12/8/2022 at 10:00 AM by telephone before Magistrate Judge Teresa J. James is hereby converted to a STATUS CONFERENCE to discuss whether to stay the case and any related issues. Participants must dial CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 4901386 to join the conference. All deadlines set in the #21 Initial Order Regarding Planning and Scheduling, including the deadlines for the Rule 26 Planning Conference, Rule 26 Initial Disclosures and proposed Scheduling Order, are suspended pending further order. Signed by Magistrate Judge Teresa J. James on 11/21/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(byk)
|
|
Filing 36
MEMORANDUM IN SUPPORT of #13 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendant Transwest Truck Trailer RV (Attachments: #1 Exhibit A. Affidavit in Support, #2 Exhibit B. Business Entity Search)(Crabb, Michael)
|
|
Filing 35
ORDER finding as moot defendant Diamler Trucks North America, LLC's "Motion to Dismiss Plaintiff's Petition Pursuant to K.S.A. 60-212(b)(6) or, in the alternative, Motion for More Definite Statement Pursuant to K.S.A. 60-212(e)" (Doc. #7 ). Defendant Diamler Trucks North America, LLC filed this motion in the Saline County District Court, before defendants removed the case to federal court. Since then, defendant Diamler Trucks North America, LLC has filed a Motion to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(2) and 12(b)(6) (Doc. 33). Thus, the court finds that defendant's more recent motion filed under the Federal Rules of Procedure moots the earlier motion invoking the Kansas Rules of Civil Procedure. Signed by District Judge Daniel D. Crabtree on 11/10/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
|
|
Filing 34
MEMORANDUM IN SUPPORT of #33 MOTION TO DISMISS Pursuant to F.R.C.P. 12(b)(3) and (6), or, in the alternative, MOTION for More Definite Statement by Defendant Diamler Trucks North America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hackman, Jennifer)
|
|
Filing 33
MOTION TO DISMISS Pursuant to F.R.C.P. 12(b)(3) and (6), or, in the alternative, MOTION for More Definite Statement by Defendant Diamler Trucks North America, LLC. (Hackman, Jennifer) Second motion type added on 11/17/2022. (mam)
|
|
Filing 32
ORDER granting plaintiff's Motion to Respond Out of Time to defendant Transwest Truck Trailer RV's Motion to Dismiss (Doc. #25 ). For good cause shown and finding excusable neglect under D. Kan. Rule 6(b)(1)(B), the court grants plaintiff's motion to file its response one day out of time on Saturday, November 5, 2022. Signed by District Judge Daniel D. Crabtree on 11/09/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
|
|
Filing 31
MINUTE ENTRY for proceedings held before District Judge Daniel D. Crabtree: Telephonic Motion Hearing held on 11/9/2022 re #25 Second Motion for Extension of Time to File Response to #13 Motion to Dismiss for Lack of Jurisdiction and Improper Venue filed by Skyline Trucking, Inc. (Court Reporter Kim Greiner.) (mig)
|
|
Filing 30
RESPONSE by Defendant Transwest Truck Trailer RV re #25 Motion for Extension of Time to File Response/Reply (Attachments: #1 Exhibit Email regarding forum selection clause)(Crabb, Michael)
|
|
Filing 29
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #25 Second Motion for Extension of Time to File Response to #13 Motion to Dismiss for Lack of Jurisdiction and Improper Venue. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 11/9/2022 at 01:30 PM in Telephone DDC - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 8354715 before District Judge Daniel D. Crabtree. Lead counsel is required to appear on the call. (mig)
|
|
MOTION REFERRAL to Magistrate Judge REMOVED as to: #25 Second MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue. The motion will be resolved by the District Judge.(byk)
|
|
Filing 28
CORPORATE DISCLOSURE STATEMENT by Skyline Trucking, Inc. identifying None as corporate parent (Rice, Mitchell)
|
|
Filing 27
EXHIBIT(S) IN SUPPORT of #26 Response to Motion by Plaintiff Skyline Trucking, Inc. (Attachments: #1 Exhibit 1 Traswest Locations, #2 Exhibit 2 Kansas Location)(Rice, Mitchell)
|
|
Filing 26
RESPONSE by Plaintiff Skyline Trucking, Inc. re #13 Motion to Dismiss/Lack of Jurisdiction (Rice, Mitchell)
|
|
Filing 25
Second MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Plaintiff Skyline Trucking, Inc. (Rice, Mitchell)
|
|
Filing 24
ORDER granting #22 Motion to Appear Pro Hac Vice of Karla I. Jaramillo,Tanner J. Walls for Transwest Truck Trailer RV pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #23 Motion to Appear Pro Hac Vice of Karla I. Jaramillo,Tanner J. Walls for Transwest Truck Trailer RV pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 11/02/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kmc)
|
|
Filing 23
MOTION for attorney Karla I. Jaramillo to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5904534.) by Defendant Transwest Truck Trailer RV (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form ECF Registration Form)(Crabb, Michael)
|
|
Filing 22
MOTION for attorney Tanner J. Walls to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5904518.) by Defendant Transwest Truck Trailer RV (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form ECF Registration Form)(Crabb, Michael)
|
|
Filing 21
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 12/8/2022 at 10:00 AM by telephone before Magistrate Judge Teresa J. James. Participants must dial CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 4901386 to join the conference. Rule 26 Planning Conference Deadline 11/21/2022. Rule 26 Initial Disclosures and proposed Scheduling Order due 11/30/2022. Signed by Magistrate Judge Teresa J. James on 10/31/2022. (byk)
|
|
Filing 20
ORDER granting in part and denying in part plaintiff's Motion to Stay Deadlines Pending Ruling on Proper Subject Matter Jurisdiction, or Alternatively, an Extension of Deadline to Respond (Doc. #18 ). Plaintiff moves the court to enter an Order staying its deadline to respond to defendant Transwest Truck Trailer RV's Motion to Dismiss (Doc. 13) pending the court's determination of diversity jurisdiction. Earlier today, the court entered an Order finding that the removing defendant sufficiently has established that the parties are diverse and that the court has diversity subject matter jurisdiction under 28 U.S.C. 1332. Doc. 19. Thus, the court denies as moot the portion of plaintiff's motion seeking a stay of deadlines. But, the court grants the portion of plaintiff's motion seeking an extension of time to file a response to defendant Transwest Truck Trailer RV's Motion to Dismiss. Plaintiff asks the court to extend the response deadline to seven days from the court's decision on subject matter jurisdiction. Because the court decided the subject matter jurisdiction issue today, plaintiff's response to defendant Transwest Truck Trailer RV's Motion to Dismiss is due seven days from today, or by November 4, 2022. Signed by District Judge Daniel D. Crabtree on 10/28/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
|
|
Filing 19
ORDER. After reviewing plaintiff's Response (Doc. 17) to Magistrate Judge Teresa J. James's Order to Show Cause (Doc. 16), the court finds that the removing defendant has established sufficiently that the parties' citizenship is diverse. Thus, the court has diversity subject matter jurisdiction under 28 U.S.C. 1332. The case will proceed accordingly. Signed by District Judge Daniel D. Crabtree on 10/28/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mig)
|
|
MOTION REFERRAL to Magistrate Judge REMOVED as to: #18 MOTION for Extension of Time to File Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue. The motion will be resolved by the District Judge.(byk)
|
|
Filing 18
MOTION TO STAY DEADLINES PENDING RULING ON PROPER SUBJECT MATTER JURISDICTION, OR ALTERNATIVELY, AN EXTENSION OF DEADLINE TO RESPOND (Rice, Mitchell) (Attachments: #1 Exhibit Memo In Support of Motion) Added Motion to Stay Deadlines on 10/27/2022. (mam)
|
|
Filing 17
RESPONSE re #16 Order to Show Cause by Defendant Freightliner Truck Center Companies. (Townsley, William)
|
|
Filing 16
NOTICE AND ORDER TO SHOW CAUSE. Defendant Truck Center is ordered to show good cause in writing on or before 11/4/2022 why the Court should not remand this action for lack of subject matter jurisdiction. Signed by Magistrate Judge Teresa J. James on 10/13/2022. (byk)
|
|
MOTION REFERRAL to Magistrate Judge REMOVED as to: #7 MOTION for More Definite Statement. The motion will be resolved by the District Judge.(byk)
|
|
Filing 15
NOTICE of Consent to Removal by Transwest Truck Trailer RV (Crabb, Michael)
|
|
Filing 14
MEMORANDUM IN SUPPORT of #13 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendant Transwest Truck Trailer RV (Attachments: #1 Exhibit A - State Motion, #2 Exhibit B - Contract)(Crabb, Michael)
|
|
Filing 13
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendant Transwest Truck Trailer RV (Crabb, Michael)
|
|
Filing 12
NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Jon A. Blongewicz as to Freightliner Truck Center Companies (Blongewicz, Jon)
|
|
Filing 11
ANSWER to Complaint by Freightliner Truck Center Companies.(Townsley, William)
|
|
Filing 6
NOTICE of Consent to Removal by Diamler Trucks North America, LLC (Hackman, Jennifer)
|
|
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
|
|
Filing 10
SUMMONS RETURNED EXECUTED -- Defendant Transwest Truck Trailer RV served on 9/7/2022. (Originally filed in the Saline County District Court on 9/8/2022.)(mam)
|
|
Filing 9
SUMMONS RETURNED EXECUTED -- Defendant Diamler Trucks North America, LLC served on 8/1/2022. (Originally filed in the Saline County District Court on 9/6/2022.) (mam)
|
|
Filing 8
SUMMONS RETURNED EXECUTED -- Defendant Freightliner Truck Center Companies served on 8/29/2022. (Originally filed in the Saline County District Court on 9/6/2022.) (mam)
|
|
Filing 7
MOTION TO DISMISS PLAINTIFF'S PETITION PURSUANT TO K.S.A. 60-212(b)(2) AND 60-212(b)(6) OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT PURSUANT TO K.S.A. 60-212(e) by Defendant Diamler Trucks North America, LLC. (Attachments: #1 Exhibit A) (Originally filed in the Saline County District Court on 8/16/2022.)(mam)
|
|
Filing 5
CORPORATE DISCLOSURE STATEMENT by Freightliner Truck Center Companies identifying Omaha Truck Center as corporate parent . (Townsley, William)
|
|
Filing 4
CERTIFICATE OF COMPLIANCE by Defendant Freightliner Truck Center Companies with Kan. Rule 81.2. (Townsley, William)
|
|
Filing 3
CERTIFICATE OF COMPLIANCE by Defendant Freightliner Truck Center Companies of Filing Notice of Filing Notice of Removal. (Townsley, William)
|
|
Filing 2
CIVIL COVER SHEET by Defendant Freightliner Truck Center Companies. (Townsley, William)
|
|
Filing 1
NOTICE OF REMOVAL from Saline County, case number 22-cv-121, trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-5878610.), filed by Freightliner Truck Center Companies. (Attachments: #1 Exhibit A, #2 Exhibit B)(Townsley, William) Modified on 9/29/2022 to correct the place of trial. (mam)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kansas District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
