A.R.T. Transportation, LLC v. Taylor Bus Sales, Incorporated
| A.R.T. Transportation, LLC and Absolute Royal Transportation, LLC |
| Taylor Bus Sales, Incorporated |
| 5:2022cv00158 |
| November 16, 2022 |
| US District Court for the Western District of Kentucky |
| Benjamin Beaton |
| Lanny King |
| Contract: Other |
| 28 U.S.C. § 1346 Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 NOTICE of filing Proposed Order by Taylor Bus Sales, Incorporated re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Proposed Order) (Ballero, Michael) |
| Filing 33 ANSWER to #7 Amended Complaint, , COUNTERCLAIM against A.R.T. Transportation, LLC by Taylor Bus Sales, Incorporated. (Davies, Trevor) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Taylor Bus Sales, Incorporated (Attachments: #1 Memorandum in Support) (Davies, Trevor) (Additional attachment(s) added on 12/19/2022: #2 Proposed Order) (DeW). |
Filing 31
ORDER Signed by Magistrate Judge Lanny King on 12/12/2022 granting #27 Motion for Trevor C. Davies to Appear Pro Hac Vice cc: Counsel (DLW)
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Filing 30
ORDER Signed by Magistrate Judge Lanny King on 12/12/2022 granting #26 Motion for Michael L. Ballero to Appear Pro Hac Vice. cc: Counsel (DLW)
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| Filing 29 NOTICE of Appearance by Harold T. Hurt on behalf of Taylor Bus Sales, Incorporated (Hurt, Harold) |
| Filing 28 TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court refers this matter to Magistrate Judge King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (SMJ) |
| Filing 27 MOTION for Trevor C. Davies to Appear Pro Hac Vice by Defendant Taylor Bus Sales, Incorporated. Filing fee $ 125, Receipt Number 014674. (Attachments: #1 A-Certificate of Good Standing, #2 Proposed Order) (JWM) |
| Filing 26 MOTION for Michael L. Ballero to Appear Pro Hac Vice by Defendant Taylor Bus Sales, Incorporated. Filing fee $ 125, Receipt Number 014674 (Attachments: #1 A-Certificate of Good Standing, #2 Proposed Order) (JWM) |
| Filing 25 ATTORNEY NOTICE of Deficiency to Shannon ONeill Harrison re #19 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 11/30/2022. (KJA) |
| Filing 24 ATTORNEY NOTICE of Deficiency to Michael Louis Ballero re #19 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 11/30/2022. (KJA) |
| Filing 23 ATTORNEY NOTICE of Deficiency to Trevor C. Davies re #19 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 11/30/2022. (KJA) |
| Filing 22 ATTORNEY NOTICE of Deficiency to Emile Anthony Bagneris, III re #19 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 11/30/2022. (KJA) |
| Filing 21 ATTORNEY NOTICE of Deficiency to Suzette Peychaud Bagneris re #19 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 11/30/2022. (KJA) |
| Filing 20 Case Assignment (Random Selection): Case Assigned to District Judge Benjamin Beaton. (KJA) |
| Filing 19 Case transferred in from District of Louisiana Eastern; Case Number 2:22-cv-01391. Original file certified copy of transfer order and docket sheet received. (KJA) |
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Filing 18
ORDER: IT IS ORDERED that the motion #17 is GRANTED. IT IS ORDERED that Taylor shall file an answer or other responsive pleadings to plaintiff's complaint on or before December 16, 2022. IT IS FURTHER ORDERED that the above-captioned matter is transferred to the United States District Court for the Western District of Kentucky, Paducah Division. AND IT IS FURTHER ORDERED that Taylor's motion to dismiss pursuant to Rules 12(b)(3) and 12(b)(6) of the Federal Rules of Civil Procedure #11 and plaintiff's motion to transfer venue #13 are DENIED AS MOOT. Signed by Judge Barry W Ashe on 11/16/2022.(am) [Transferred from laed on 11/16/2022.]
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| Filing 17 EXPARTE/CONSENT MOTION to Transfer Case by Taylor Bus Sales, Incorporated. (Attachments: #1 Proposed Order)(Ballero, Michael) [Transferred from laed on 11/16/2022.] |
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Filing 16
ORDER re #13 MOTION to Transfer Case : IT IS ORDERED that A.R.T.s motion to transfer venue (R. Doc. 13) will be consideredon an expedited basis. IT IS FURTHER ORDERED that Taylor shall file its opposition to the motion to transfer venue, if any, not later than noon on November 16, 2022, whereupon the motion will be taken under submission. Signed by Judge Barry W Ashe on 11/14/2022.(am) [Transferred from laed on 11/16/2022.]
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| Filing 15 Correction of Docket Entry by Clerk re #13 MOTION to Transfer Case .**Filing attorney should have selected No at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk took corrective action to set motion for submission on 12/01/2022 before Judge Barry W Ashe. No further action is necessary.** (am) [Transferred from laed on 11/16/2022.] |
| Filing 14 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #11 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(3) and F.R.C.P. 12(b)(6), MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit)(Bagneris, Suzette) [Transferred from laed on 11/16/2022.] |
| Filing 13 MOTION to Transfer Case by A.R.T. Transportation, LLC. Motion(s) will be submitted on 12/1/2022. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit)(Bagneris, Suzette) Modified text/added submission date on 11/14/2022 (am). [Transferred from laed on 11/16/2022.] |
| Filing 12 Statement of Corporate Disclosure by Taylor Bus Sales, Incorporated (Ballero, Michael) [Transferred from laed on 11/16/2022.] |
| Filing 11 Motion to Dismiss pursuant to F.R.C.P. 12(b)(3) and F.R.C.P. 12(b)(6) by Taylor Bus Sales, Incorporated. Motion(s) will be submitted on 11/17/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)Attorney Michael Louis Ballero added to party Taylor Bus Sales, Incorporated(pty:dft).(Ballero, Michael) Modified text on 10/25/2022 (am). [Transferred from laed on 11/16/2022.] |
| Filing 10 Correction of Docket Entry by Clerk re #8 Request for Summons Issued. **Filing attorney did not properly format the pdf of Summons. The pdf should not have the purple fillable boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk took corrective action.** (am) [Transferred from laed on 11/16/2022.] |
| Filing 9 Summons Issued as to Taylor Bus Sales, Incorporated. (am) [Transferred from laed on 11/16/2022.] |
| Filing 8 Request of Summons Issued as to Taylor Bus Sales, Incorporated filed by All Plaintiffs re #7 Amended Complaint,. (Bagneris, Suzette) (Main Document 8 replaced on 9/27/2022) (am). Modified on 9/27/2022 (am). [Transferred from laed on 11/16/2022.] |
| Filing 7 FIRST AMENDED COMPLAINT with Jury Demand for Civil Case Alleging Breach of Contract against All Defendants filed by A.R.T. Transportation, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Bagneris, Suzette) Modified text on 6/24/2022 (am). [Transferred from laed on 11/16/2022.] |
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Filing 6
ORDER TO SHOW CAUSE as to Plaintiff why this matter should not bedismissed due to the absence of diversity under 28 U.S.C. 1332. A.R.T. shall have 14 days from the entry of this order to submit, as stated herein. Signed by Judge Barry W Ashe on 06/22/2022.(am) [Transferred from laed on 11/16/2022.]
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| Filing 5 Correction of Docket Entry by Clerk re #2 Summons Submitted for Issuance. **Summons should have been filed as a 2 page document and not separated. Clerk took corrective action.** (am) [Transferred from laed on 11/16/2022.] |
| Filing 4 Summons Issued as to Taylor Bus Sales, Incorporated. (am) [Transferred from laed on 11/16/2022.] |
| Filing 3 Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Dana Douglas. (ess) [Transferred from laed on 11/16/2022.] |
| Filing 2 Summons Submitted for Issuance (Attachments: #1 Summons)(Bagneris, Suzette) (Main Document 2 replaced on 5/19/2022) (am). [Transferred from laed on 11/16/2022.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number ALAEDC-9363095) filed by A.R.T. Transportation, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)Attorney Suzette Peychaud Bagneris added to party A.R.T. Transportation, LLC(pty:pla).(Bagneris, Suzette) [Transferred from laed on 11/16/2022.] |
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