Country Carpet, Inc. v. Kansas Building Trades Open End Health and Welfare Trust Fund, et al
Plaintiff: Country Carpet and Country Carpet, Inc.
Defendant: Trustees of the Kansas Building Trades Open End Health & Welfare Trust Fund, District Council 3 of the International Union of Painters and Allied Trades of Greater Kansas City and Vicinity and Workers Local Union No. 2014, Kansas Building Trades Open End Health and Welfare Trust Fund and District Council 3 and Local Union 2014, International Union of Painters and Allied Trades of Greater Kansas City and Vicinity
Case Number: 5:2023cv04101
Filed: November 2, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Daniel D Crabtree
Referring Judge: Brooks G Severson
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relatio
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2023 Opinion or Order Filing 21 ORDER granting #19 Plaintiff's Unopposed Motion for Extension to Respond to Defendant Union's Motion to Dismiss (Doc. 9) and #20 Plaintiff's Unopposed Motion for Extension to Respond to Defendant KBT's Motion to Dismiss (Doc. 11). Plaintiff's Response deadline is extended to January 5, 2024. Signed by District Judge Daniel D. Crabtree on 12/18/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
December 18, 2023 Filing 20 MOTION for Extension of Time to File Response as to #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Country Carpet, Inc. (Kessinger, James)
December 18, 2023 Filing 19 MOTION for Extension of Time to File Response as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Country Carpet, Inc. (Kessinger, James)
December 18, 2023 MOTION REFERRAL to Magistrate Judge REMOVED as to: #20 MOTION for Extension of Time to File Response as to #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The motion will be resolved by the District Judge. (tl)
December 18, 2023 MOTION REFERRAL to Magistrate Judge REMOVED as to: #19 MOTION for Extension of Time to File Response as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The motion will be resolved by the District Judge. (tl)
December 14, 2023 Opinion or Order Filing 18 ORDER granting #17 Motion to Appear Pro Hac Vice of Melika T. Harris for Kansas Building Trades Open End Health and Welfare Trust Fund pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Brooks G. Severson on 12/14/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
December 14, 2023 Filing 17 MOTION for attorney Melika Talese Harris to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6227324.) by Defendant Kansas Building Trades Open End Health and Welfare Trust Fund (referred to Magistrate Judge Brooks G. Severson) (Attachments: #1 Affidavit In Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form)(Sollars, Bradley)
December 14, 2023 Opinion or Order Filing 16 ORDER granting #15 Defendants' Unopposed Motion for Extension of Time to File Response to #6 Motion to Remand. The Response deadline is extended to January 10, 2024. Signed by District Judge Daniel D. Crabtree on 12/14/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
December 14, 2023 MOTION REFERRAL to Magistrate Judge REMOVED as to: #15 MOTION for Extension of Time to File Response as to #6 MOTION to Remand. The motion will be resolved by the District Judge. (tl)
December 13, 2023 Filing 15 MOTION for Extension of Time to File Response as to #6 MOTION to Remand by Defendant Kansas Building Trades Open End Health and Welfare Trust Fund (Sollars, Bradley)
December 13, 2023 Opinion or Order Filing 14 ORDER. The undersigned Magistrate Judge conducted a status conference with the parties to discuss how the case should proceed while the motion to remand and motions to dismiss are pending. Docs. 6, 9, 11. The parties were broadly in agreement that discovery is best stayed until the motions have been resolved. The Court therefore finds that judicial economy is best served by staying discovery until after the District Judge rules on the pending motions. The Court hereby stays the case. If the case (or any portion thereof) survives the motion to remand or dispositive motions, Defense counsel is instructed to contact the Magistrate Judge's chambers within 10 days of the District Court's decision. Signed by Magistrate Judge Brooks G. Severson on 12/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
December 13, 2023 Filing 13 MINUTE ENTRY for proceedings held before Magistrate Judge Brooks G. Severson: STATUS CONFERENCE held on 12/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
December 11, 2023 Filing 12 MEMORANDUM IN SUPPORT of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kansas Building Trades Open End Health and Welfare Trust Fund (Attachments: #1 Ex. 1)(Sollars, Bradley)
December 11, 2023 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kansas Building Trades Open End Health and Welfare Trust Fund (Sollars, Bradley)
December 11, 2023 Filing 10 MEMORANDUM IN SUPPORT of #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant District Council 3 and Local Union 2014, International Union of Painters and Allied Trades of Greater Kansas City and Vicinity(Roach, Morgan)
December 11, 2023 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant District Council 3 and Local Union 2014, International Union of Painters and Allied Trades of Greater Kansas City and Vicinity (Roach, Morgan)
November 27, 2023 Opinion or Order Filing 8 ORDER SETTING STATUS CONFERENCE: Status Conference set for 12/13/2023 at 2:00 PM via Telephone before Magistrate Judge Brooks G. Severson. Counsel are instructed to call 1-888-363-4749 and enter access code 5407703 to participate in the conference. The Court sets this status conference to discuss how the case should proceed during the pendency of the motion to remand. Signed by Magistrate Judge Brooks G. Severson on 11/27/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
November 27, 2023 Filing 7 MEMORANDUM IN SUPPORT of #6 MOTION to Remand by Plaintiff Country Carpet, Inc.(Kessinger, James)
November 27, 2023 Filing 6 MOTION to Remand by Plaintiff Country Carpet, Inc. (Kessinger, James)
November 6, 2023 Opinion or Order Filing 5 ORDER, granting as unopposed, #4 Motion for Extension of Time to File Answer to Plaintiff's Petition. The deadline for Defendants to answer or otherwise plead is extended to 12/11/2023. Signed by Magistrate Judge Brooks G. Severson on 11/6/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
November 6, 2023 Filing 4 Unopposed MOTION for Extension of Time to File Answer to Plaintiff's Petition by Defendant Kansas Building Trades Open End Health and Welfare Trust Fund (referred to Magistrate Judge Brooks G. Severson) (Sollars, Bradley)
November 3, 2023 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Brooks G. Severson 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)
November 2, 2023 Filing 3 STATE COURT RECORDS from District Court of Wabaunsee County, Kansas, Case WB-2023-CV-000035. (Roach, Morgan)
November 2, 2023 Filing 2 CIVIL COVER SHEET by Defendant District Council 3 of the International Union of Painters and Allied Trades of Greater Kansas City and Vicinity and Workers Local Union No. 2014. (Roach, Morgan)
November 2, 2023 Filing 1 NOTICE OF REMOVAL from District Court of Wabaunsee County, Kansas, case number WB-2023-CV-000035 Trial location of Topeka ( Filing fee $402, Internet Payment Receipt Number AKSDC-6193334.), filed by District Council 3 of the International Union of Painters and Allied Trades of Greater Kansas City and Vicinity and Workers Local Union No. 2014. (Attachments: #1 State Court Petition, #2 Petition Exhibit A, #3 Petition Exhibit B, #4 Petition Exhibit C, #5 Petition Exhibit D) (Roach, Morgan)

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Plaintiff: Country Carpet
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Plaintiff: Country Carpet, Inc.
Represented By: James Kessinger
Represented By: Luke A. Demaree
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Defendant: Trustees of the Kansas Building Trades Open End Health & Welfare Trust Fund
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Defendant: District Council 3 of the International Union of Painters and Allied Trades of Greater Kansas City and Vicinity and Workers Local Union No. 2014
Represented By: Morgan L. Roach
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Defendant: Kansas Building Trades Open End Health and Welfare Trust Fund
Represented By: Bradley J. Sollars
Represented By: Melika T. Harris
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Defendant: District Council 3 and Local Union 2014, International Union of Painters and Allied Trades of Greater Kansas City and Vicinity
Represented By: Morgan L. Roach
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