Skyline Trucking, Inc. v. Freightliner Truck Center Companies et al
Plaintiff: Skyline Trucking, Inc.
Defendant: Freightliner Truck Center Companies doing business as Truck Center Companies, Transwest Truck Trailer RV and Diamler Trucks North America, LLC
Case Number: 5:2022cv04052
Filed: September 28, 2022
Court: US District Court for the District of Kansas
Presiding Judge: Daniel D Crabtree
Referring Judge: Teresa J James
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2022 Opinion or Order 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)
November 21, 2022 Opinion or Order 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)
November 10, 2022 Opinion or Order 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)
November 10, 2022 Opinion or Order 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)
November 10, 2022 Opinion or Order 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)
November 9, 2022 Opinion or Order 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)
November 9, 2022 Opinion or Order 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)
November 8, 2022 Opinion or Order 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)
November 8, 2022 Opinion or Order 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)
November 7, 2022 Opinion or Order 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)
November 5, 2022 Opinion or Order Filing 28 CORPORATE DISCLOSURE STATEMENT by Skyline Trucking, Inc. identifying None as corporate parent (Rice, Mitchell)
November 5, 2022 Opinion or Order 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)
November 5, 2022 Opinion or Order Filing 26 RESPONSE by Plaintiff Skyline Trucking, Inc. re #13 Motion to Dismiss/Lack of Jurisdiction (Rice, Mitchell)
November 5, 2022 Opinion or Order 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)
November 2, 2022 Opinion or Order 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)
November 1, 2022 Opinion or Order 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)
November 1, 2022 Opinion or Order 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)
October 31, 2022 Opinion or Order 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)
October 28, 2022 Opinion or Order 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)
October 28, 2022 Opinion or Order 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)
October 27, 2022 Opinion or Order 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)
October 26, 2022 Opinion or Order 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)
October 26, 2022 Opinion or Order Filing 17 RESPONSE re #16 Order to Show Cause by Defendant Freightliner Truck Center Companies. (Townsley, William)
October 13, 2022 Opinion or Order 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)
October 13, 2022 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #7 MOTION for More Definite Statement. The motion will be resolved by the District Judge.(byk)
October 7, 2022 Opinion or Order Filing 15 NOTICE of Consent to Removal by Transwest Truck Trailer RV (Crabb, Michael)
October 5, 2022 Opinion or Order 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)
October 5, 2022 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendant Transwest Truck Trailer RV (Crabb, Michael)
October 4, 2022 Opinion or Order Filing 12 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Jon A. Blongewicz as to Freightliner Truck Center Companies (Blongewicz, Jon)
October 3, 2022 Opinion or Order Filing 11 ANSWER to Complaint by Freightliner Truck Center Companies.(Townsley, William)
September 29, 2022 Opinion or Order Filing 6 NOTICE of Consent to Removal by Diamler Trucks North America, LLC (Hackman, Jennifer)
September 29, 2022 Opinion or Order 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)
September 28, 2022 Opinion or Order 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)
September 28, 2022 Opinion or Order 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)
September 28, 2022 Opinion or Order 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)
September 28, 2022 Opinion or Order 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)
September 28, 2022 Opinion or Order Filing 5 CORPORATE DISCLOSURE STATEMENT by Freightliner Truck Center Companies identifying Omaha Truck Center as corporate parent . (Townsley, William)
September 28, 2022 Opinion or Order Filing 4 CERTIFICATE OF COMPLIANCE by Defendant Freightliner Truck Center Companies with Kan. Rule 81.2. (Townsley, William)
September 28, 2022 Opinion or Order Filing 3 CERTIFICATE OF COMPLIANCE by Defendant Freightliner Truck Center Companies of Filing Notice of Filing Notice of Removal. (Townsley, William)
September 28, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET by Defendant Freightliner Truck Center Companies. (Townsley, William)
September 28, 2022 Opinion or Order 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)

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Plaintiff: Skyline Trucking, Inc.
Represented By: Mitchell W. Rice
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Defendant: Freightliner Truck Center Companies doing business as Truck Center Companies
Represented By: Jon A. Blongewicz
Represented By: Megan Lynn Townsley
Represented By: William L. Townsley, III
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Defendant: Transwest Truck Trailer RV
Represented By: Karla I. Jaramillo
Represented By: Michael T. Crabb
Represented By: Tanner J. Walls
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Defendant: Diamler Trucks North America, LLC
Represented By: Jennifer Elaine Hackman
Represented By: Michael J. Kleffner
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