Superior Contracting & Manufacturing Services Co. v. BarberWind Turbines, LLC et al
| Superior Contracting & Manufacturing Services Co. |
| BarberWind Turbines, LLC and Gerald Lee Barber |
| BarberWind Turbines, LLC |
| BarberWind Turbines, LLC |
| Superior Contracting & Manufacturing Services Co. |
| Trevor Franzen |
| 6:2024cv01153 |
| September 9, 2024 |
| US District Court for the District of Kansas |
| Rachel E Schwartz |
| Holly L Teeter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 CERTIFICATE OF SERVICE of Initial Disclosures by BarberWind Turbines, LLC, Gerald Lee Barber. (Basgall, Frank) |
| Filing 23 SUMMONS RETURNED EXECUTED -- Personal by BarberWind Turbines, LLC, Gerald Lee Barber upon Trevor Franzen served on 11/4/2024, answer due 11/25/2024 (Basgall, Frank) |
Filing 22
ORDER Canceling Scheduling Conference. On October 25, 2024, the parties submitted a proposed scheduling order to the Magistrate Judge's chambers in compliance with the Initial Order Regarding Planning and Scheduling. ECF No. 12. However, the proposed scheduling order was prepared without the input of Third-Party Defendant Trevor Franzen. According to the docket, summons was issued as to Mr. Franzen on October 31, 2024. Because Mr. Franzen has not had an opportunity to participate in the creation of the proposed scheduling order, the Court suspends the scheduling conference set for November 6, 2024. Within seven calendar days of the date when Mr. Franzen appears in this case, the parties are directed to submit a revised proposed scheduling order and a redline version to the Magistrate Judge's chambers in accordance with the instructions set out in the #12 Initial Order. The Court will reset a scheduling conference after receiving the parties' proposed scheduling order. Signed by Magistrate Judge Rachel E. Schwartz on 24-1153. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
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| Filing 21 NOTICE OF SERVICE by Superior Contracting & Manufacturing Services Co. of Rule 26(a) Initial Disclosures (Schneider, Francis) |
| Filing 20 NOTICE OF SERVICE by Superior Contracting & Manufacturing Services Co. of First Set of Interrogatories and First Requests for Production of Documents (Schneider, Francis) |
| SUMMONS ISSUED as to Trevor Franzen. (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) (nac) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT by Gerald Lee Barber, BarberWind Turbines, LLC identifying None as corporate parent . (Basgall, Frank) |
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Filing 18
ORDER granting #15 Motion to Appear Pro Hac Vice of Douglas W. Kim for Gerald Lee Barber & BarberWind Turbines, LLC. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Rachel E. Schwartz on 10/22/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (msb)
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| Filing 17 THIRD PARTY COMPLAINT against Trevor Franzen, filed by BarberWind Turbines, LLC. (NOTE - This is a re-filing of #16 for administrative purposes. Counsel shall link pleadings related to the third party complaint to this entry, not to Doc. #16 .) (mam) |
| Filing 16 ANSWER to #6 Amended Complaint by Gerald Lee Barber, BarberWind Turbines, LLC AND COUNTERCLAIMS against Superior Contracting & Manufacturing Services Co. by BarberWind Turbines, LLC. (Basgall, Frank) (NOTE: See #17 for the third party complaint. (mam) |
| Filing 15 MOTION for attorney Douglas Kim to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6496212.) by Defendants Gerald Lee Barber, BarberWind Turbines, LLC. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 Affidavit, #2 ECF Registration Form) (Basgall, Frank) |
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Filing 14
ORDER granting #13 Motion to Appear Pro Hac Vice of Casey Martens for Gerald Lee Barber and BarberWind Turbines, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Rachel E. Schwartz on 10/15/24. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (msb)
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| Filing 13 MOTION for attorney Casey Martens to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6489480.) by Defendants Gerald Lee Barber, BarberWind Turbines, LLC. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 Affidavit ISO Motion to Appear Pro Hac Vice, #2 ECF Registration Form) (Basgall, Frank) |
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Filing 12
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for November 6, 2024, 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 10/16/2024. Rule 26 Initial Disclosures Deadline set for 10/25/2024. Proposed Scheduling Order Deadline 10/25/2024. Signed by Magistrate Judge Rachel E. Schwartz on October 7, 2024. (drk)
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| Filing 11 ENTRY OF APPEARANCE by Ethan J. Ward on behalf of Superior Contracting & Manufacturing Services Co. (Ward, Ethan) |
| Filing 10 CLERKS ORDER EXTENDING TIME until 10/21/2024 for Defendants Gerald Lee Barber, BarberWind Turbines, LLC to answer or otherwise plead. Signed by deputy clerk on 10/04/2024. (jk) |
| Filing 9 ENTRY OF APPEARANCE by Frank W. Basgall on behalf of All Defendants. (Basgall, Frank) |
| SUMMONS ISSUED as to Gerald Lee Barber, BarberWind Turbines, 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) |
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Filing 8
ORDER Regarding #7 Plaintiff's Response to the #5 Order to Show Cause. The Magistrate Judge previously ordered plaintiffs to show cause why this case should not be dismissed for lack of subject matter jurisdiction because the complaint did not adequately allege Defendants' citizenship, and as a result, the Court could not determine whether complete diversity of citizenship existed. Plaintiff's response to the show-cause order and amended complaint address the concerns raised in the show-cause order. Accordingly, the Magistrate Judge will not recommend dismissal at this time. Signed by Magistrate Judge Rachel E. Schwartz on 9/26/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
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| Filing 7 RESPONSE re #5 Order to Show Cause by Plaintiff Superior Contracting & Manufacturing Services Co. (Schneider, Francis) |
| Filing 6 AMENDED COMPLAINT against Gerald Lee Barber, BarberWind Turbines, LLC, filed by Superior Contracting & Manufacturing Services Co. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schneider, Francis) |
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Filing 5
NOTICE AND ORDER TO SHOW CAUSE. Show Cause Response due by 9/25/2024. Signed by Magistrate Judge Rachel E. Schwartz on 9/11/2024. (sz)
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| SUMMONS ISSUED as to Gerald Lee Barber, BarberWind Turbines, 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.) (jsh) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Superior Contracting & Manufacturing Services Co. identifying None as corporate parent. (Schneider, Francis) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Superior Contracting & Manufacturing Services Co. - trial to be held in Wichita. (Schneider, Francis) |
| Filing 2 CIVIL COVER SHEET by Plaintiff Superior Contracting & Manufacturing Services Co. (Schneider, Francis) |
| Filing 1 COMPLAINT with trial location of Wichita (Filing fee $405, Internet Payment Receipt Number AKSDC-6461261.), filed by Superior Contracting & Manufacturing Services Co. (Attachments: #1 Exhibit A: Agreement, #2 Exhibit B: Three Invoices) (Schneider, Francis) |
| 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 (jsh) |
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