Trust of David C. Brainard et al v. Trust of Irene Brainard et al
| Trust of Irene Brainard, Deceased, Drapal, Tresa, Susan F Rust, Trust of Irene Brainard, Tresea Drapal, Susan F. Rust and Tresea Drapal, Trustee of the |
| Trust of David C. Brainard, Estate of David C. Brainard and David R. Brainard |
| Susan F. Rust, Trustee of the |
| 5:2023cv04016 |
| March 1, 2023 |
| US District Court for the District of Kansas |
| Rachel E Schwartz |
| Kathryn H Vratil |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER granting #17 Motion to Appear Pro Hac Vice of Timothy D. Beets for defendants Trust of Irene Brainard, Tresea Drapal, Susan F. Rust, Tresea Drapal, Trustee of the, Susan F. Rust, Trustee of the; and counter claimants Tresea Drapal, Trustee of the, Susan F. Rust, Trustee of the, for pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 04/26/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kmc)
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| Filing 17 MOTION for attorney Timothy Beets to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6045439.) by Defendants Tresea Drapal, Susan F. Rust, Susan F. Rust, Trustee of the, Tresea Drapal, Trustee of the, Trust of Irene Brainard (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 ECF Registration Form Beets EFR, #2 Affidavit Beets Affidavit)(Mauch, Susan) |
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Filing 16
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for May 23, 2023, at 10:00 a.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 5/2/2023. Rule 26 Initial Disclosures Deadline set for 5/12/2023. Proposed Scheduling Order Deadline 5/12/2023. Signed by Magistrate Judge Rachel E. Schwartz on 04/14/2023. (drk)
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Filing 15
ORDER regarding #13 Response to Notice and Order to Show Cause. The Magistrate Judge previously ordered Defendants to show cause why the case should not be remanded back to state court for lack of subject matter jurisdiction because the complaint did not adequately allege the citizenship of the parties. Defendants' #13 Response to the Show-Cause Order addresses the concerns raised in the Show-Cause Order, and so the Court will not at this time recommend the District Judge remand this case for lack of subject matter jurisdiction. Signed by Magistrate Judge Rachel E. Schwartz on 4/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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| Filing 14 Fed. R. Civ. P. 7.1(a)(2) DISCLOSURE STATEMENT by Tresea Drapal, Susan F. Rust, Susan F. Rust, Trustee of the, Tresea Drapal, Trustee of the, Trust of Irene Brainard . (Mauch, Susan) Modified text (mls). |
| Filing 13 RESPONSE re #9 Order to Show Cause, by Defendants Susan F. Rust, Tresea Drapal, Trustee of the, Trust of Irene Brainard, Susan F. Rust, Trustee of the, Tresea Drapal (Attachments: #1 Exhibit Order Admitting Will)(Mauch, Susan) |
| Filing 12 Response re #9 Order to Show Cause, Fed. R. Civ. P. 7.1(a)(2) DISCLOSURE STATEMENT by Plaintiff David R. Brainard (Schneider, Ronald) Modified text (mls). |
| Filing 11 ANSWER to #7 Answer to Removal Complaint, Counterclaim by David R. Brainard.(Schneider, Ronald) |
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Filing 10
ORDER requiring Rule 7.1(a)(2) Disclosure Statements. In the Court's Notice and Order to Show Cause #9 , Defendants were ordered to file Rule 7.1(a)(2) disclosure statements on or before April 7, 2023. As referenced in that Order, Plaintiffs also are ordered to file Rule 7.1(a)(2) disclosure statements on or before April 7, 2023. Such disclosure statements must fully comply with Rule 7.1(a)(2), as recently amended, and must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party. Signed by Magistrate Judge Rachel E. Schwartz on 3/24/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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Filing 9
NOTICE AND ORDER TO SHOW CAUSE - The Court orders Defendants to show cause in writing to the Magistrate Judge by April 7, 2023, why the Magistrate Judge should not recommend that the District Judge remand this case for lack of subject matter jurisdiction. Show Cause Response due by 4/7/2023. See Order for additional details. Signed by Magistrate Judge Rachel E. Schwartz on 03/24/2023. (kmc)
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| Filing 8 STATE COURT RECORDS from Shawnee County District Court. (Attachments: #1 State Court Records Petition, #2 State Court Records Summons - Susan Rust, #3 State Court Records Summons - Tresea Drapal, #4 State Court Records ROS - Drapal, #5 State Court Records ROS - Rust, #6 State Court Records Motion for Stay of Proceedings, #7 State Court Records Order on Motion for Stay of Proceedings, #8 State Court Records Motion for Extension of Stay, #9 State Court Records Order on Motion for Ext of Stay, #10 State Court Records Amended Petition, #11 State Court Records Summons - Susan Rust, #12 State Court Records Summons - Tresea Drapal, #13 State Court Records Answer to Petition, #14 State Court Records Entry of Appearance, #15 State Court Records ROS - Drapal, #16 State Court Records Answer to Amended Petition, #17 State Court Records Praecipe /Request for Certified Mail Service, #18 State Court Records Summons - Rust, #19 State Court Records Summons - Drapal, #20 State Court Records Application for Admission PHV, #21 State Court Records Motion for Admission PHV, #22 State Court Records Out of State Attorney Oath, #23 State Court Records Order Admitting Attorney PHV, #24 State Court Records Order RE Case Mgmt Conf, #25 State Court Records Return of Service - Drapal, #26 State Court Records Return of Service - Rust, #27 State Court Records EOA - Johnson, #28 State Court Records Motion for Clerk's Extension, #29 State Court Records Order for Clerk's Extension, #30 State Court Records Def. Joint Notice of Removal, #31 State Court Records Termination Information, #32 State Court Records Case Event Summary (Docket))(Mauch, Susan) |
| Filing 7 ANSWER to Removal Complaint AND COUNTERCLAIM against All Plaintiffs by Tresea Drapal, Trustee of the, Susan F. Rust, Trustee of the. (Mauch, Susan) |
| Filing 6 NOTICE of D. Kan. Rule 81.1(c)(3) Certificate by Susan F. Rust, Trustee of the, Tresea Drapal, Trustee of the Irene F. Brainard Trust (Attachments: #1 Exhibit Notice of Removal)(Mauch, Susan) |
| Filing 5 AMENDED CERTIFICATE OF SERVICE of Amended Certificate of Service by Susan F. Rust, Trustee of the, Tresea Drapal, Trustee of the re #1 Notice of Removal, (Mauch, Susan) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Rachel E. Schwartz 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 (jk) |
| Filing 4 SUMMONS RETURNED EXECUTED -- Defendant Susan F. Rust served 1/30/2023. (Originally filed in the Shawnee County District Court on 2/8/2023.) (mam) |
| Filing 3 SUMMONS RETURNED EXECUTED -- Defendant Tresea Drapal served 1/30/2023. (Originally filed in the Shawnee County District Court on 2/6/2023.) (mam) |
| Filing 2 CIVIL COVER SHEET by Defendants Trust of Irene Brainard, Tresea Drapal and Susan F. Rust. (Mauch, Susan) |
| Filing 1 NOTICE OF REMOVAL from Shawnee County District Court, case number 2022-CV-450, trial location of Topeka (Filing fee $402, Internet Payment Receipt Number AKSDC-6000975.), filed by Trust of Irene Brainard, Tresea Drapal and Susan F. Rust. (Attachments: #1 Ex Petition, #2 Ex Amended Petition, #3 Ex Affidavit, #4 Ex Return of Service, #5 Ex Return of Service) (Mauch, Susan) |
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