CHEP USA v. Dependable Pallet, LLC
| CHEP USA |
| Dependable Pallet, LLC and Dependable Pallet, Inc. |
| 6:2023cv01183 |
| September 1, 2023 |
| US District Court for the District of Kansas |
| Rachel E Schwartz |
| Holly L Teeter |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Conversion |
| Defendant |
Docket Report
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This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 NOTICE OF SERVICE by CHEP USA of PLAINTIFF'S RULE 26(a)(1) INITIAL DISCLOSURES (Heffron, Tyler) |
| Filing 21 ANSWER to #11 Amended Complaint, by Dependable Pallet, Inc..(Hill, Jennifer) |
Filing 20
ORDER granting #19 Motion to Appear Pro Hac Vice of Rola Daaboul for CHEP USA pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Rachel E. Schwartz on 10/25/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (msb)
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| Filing 19 MOTION for attorney Rola Daaboul to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6184406.) by Plaintiff CHEP USA (referred to Magistrate Judge Rachel E. Schwartz) (Heffron, Tyler) |
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Filing 18
CASE MANAGEMENT ORDER. On October 18, 2023, counsel for Defendant emailed the Court regarding the October 18, 2023 deadline for Defendant to file an answer or otherwise respond to Plaintiff's complaint. The parties have agreed and stipulated to extend that deadline for a week, or up to and including October 25, 2023. The Court adopts the parties' October 25, 2023 deadline for Defendant to file an answer or otherwise respond to Plaintiff's complaint. Signed by Magistrate Judge Rachel E. Schwartz on 10/18/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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Filing 17
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for November 7, 2023, at 1:30 p.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 10/18/2023. Rule 26 Initial Disclosures Deadline set for 10/27/2023. Proposed Scheduling Order Deadline 10/27/2023. Signed by Magistrate Judge Rachel E. Schwartz on 09/29/2023. (drk)
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| Filing 16 SUMMONS RETURNED EXECUTED -- Personal Service by CHEP USA upon Dependable Pallet, Inc. served on 9/27/2023, answer due 10/18/2023 (Heffron, Tyler) |
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Filing 15
ORDER regarding #10 Plaintiff's Response to the Show-Cause Order. The Court previously ordered Plaintiff to show cause in writing by September 27, 2023, why the Magistrate Judge should not recommend that the District Judge dismiss Plaintiff's claims without prejudice for lack of subject matter jurisdiction. Plaintiff responded to the show-cause order on September 25, 2023. Plaintiff also filed an amended civil cover sheet and an amended complaint, #8 & #11 , correcting the deficiencies the Court noted in its order. The Court has reviewed Plaintiff's response, the amended civil cover sheet and the amended complaint, and believes they sufficiently address the jurisdictional concerns regarding the citizenship of the parties. For this reason, the Magistrate Judge will not recommend dismissal of this action at this time. Signed by Magistrate Judge Rachel E. Schwartz on 9/27/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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| Filing 14 CLERKS ORDER EXTENDING TIME until 10/10/2023 for Defendant Dependable Pallet, Inc. to answer or otherwise plead. Signed by deputy clerk on 09/26/2023. (nac) |
| Filing 13 ENTRY OF APPEARANCE by Matthew A. Gorney on behalf of All Defendants (Gorney, Matthew) |
| Filing 12 ENTRY OF APPEARANCE by Jennifer M. Hill on behalf of All Defendants (Hill, Jennifer) |
| Filing 11 AMENDED COMPLAINT against Dependable Pallet, Inc., filed by CHEP USA. (Attachments: #1 Exhibit A - Photos, #2 Exhibit B - Photo, #3 Exhibit C - Photo, #4 Exhibit D - Photo, #5 Exhibit E - Letter, #6 Exhibit F - Photo, #7 Exhibit G - Photos, #8 Exhibit H - Letter, #9 Exhibit I - Letter)(kas) (RE-FILING OF DE #9 FOR ADMINISTRATIVE PURPOSES DUE TO INCORRECT PARTY SELECTION AT ORIGINAL FILING) |
| Filing 10 RESPONSE re #7 Order to Show Cause, by Plaintiff CHEP USA (Attachments: #1 Exhibit A - Business Entity Search, #2 Exhibit B - Annual Report, #3 Exhibit C - Website)(Heffron, Tyler) |
| Filing 9 (DISREGARD ENTRY - SEE CORRECTED FILING AT DE #11 ) AMENDED COMPLAINT against CHEP USA, filed by CHEP USA. (Attachments: #1 Exhibit A - Photos, #2 Exhibit B - Photo, #3 Exhibit C- Photos, #4 Exhibit D - Photo, #5 Exhibit E - Letter, #6 Exhibit F - Photo, #7 Exhibit G - Photos, #8 Exhibit H - Letter, #9 Exhibit I - Letter)(Heffron, Tyler) Modified on 9/26/2023 (kas). |
| Filing 8 AMENDED CIVIL COVERSHEET by CHEP USA re #2 Civil Cover Sheet . (Heffron, Tyler) Modified on 9/26/2023 to update docket text (kas). |
| SUMMONS ISSUED re #9 AMENDED COMPLAINT as to Dependable Pallet, Inc. (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh) Modified on 9/26/2023 to correct defendant party name (kas). |
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Filing 7
NOTICE AND ORDER TO SHOW CAUSE. The Court orders Plaintiff to show cause in writing to the Magistrate Judge on or before 9/27/2023, why the Magistrate Judge should not recommend that the District Judge dismiss this case without prejudice for lack of subject matter jurisdiction. Any response to the show-cause order must point to factual allegations that, if true, would establish complete diversity of citizenship. Signed by Magistrate Judge Rachel E. Schwartz on 9/13/2023. (mam)
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| Filing 6 SUMMONS RETURNED EXECUTED -- Personal Service by CHEP USA upon Dependable Pallet, LLC served on 9/5/2023, answer due 9/26/2023 (Heffron, Tyler) |
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Filing 5
ORDER granting #4 Motion to Appear Pro Hac Vice of Samual A. Miller for CHEP USA pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Rachel E. Schwartz on 9/5/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
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| Filing 4 MOTION for attorney Samual A. Miller to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6144131.) by Plaintiff CHEP USA. (Heffron, Tyler) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by CHEP USA identifying Brambles North America Incorporated and Brambles Industries, LLC as members. (Heffron, Tyler) Modified on 9/5/2023 to update docket text. (kas) |
| Filing 2 CIVIL COVER SHEET by Plaintiff CHEP USA. (Heffron, Tyler) |
| Filing 1 COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-6144035.), filed by CHEP USA. (Attachments: #1 Exhibit A - Photos, #2 Exhibit B - Photo, #3 Exhibit C - Photos, #4 Exhibit D - Photo, #5 Exhibit E - Letter, #6 Exhibit F - Photo, #7 Exhibit G - Photos, #8 Exhibit H - Letter, #9 Exhibit I - Letter)(Heffron, Tyler) |
| SUMMONS ISSUED as to Dependable Pallet, LLC (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter 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) |
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