United Van Lines, LLC v. Koester
| United Van Lines, LLC |
| Jay Koester |
| 0:2020cv02357 |
| November 19, 2020 |
| US District Court for the District of Minnesota |
| Katherine M Menendez |
| Patrick J Schiltz |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. ยง 1337 |
| Plaintiff |
Docket Report
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Filing 13
(Text-Only) ORDER in Response to E-mail. Telephone Conference set for 1/28/2021 at 02:00 PM via Telephone Conference (no courtroom) before Magistrate Judge Katherine M. Menendez.On December 11, 2020, Defendant Jay Koester filed a "Response, Motions, and Request for Sanctinos," which has a docket entry indicating that it is an "Answer to Complaint." [ECF 8]. On December 21, 2020, Plaintiff sent a letter to the Court asserting that the relief sought in Mr. Koester's response is not properly before the Court, but also expressing concerns that Mr. Koester's filing could be construed to include counterclaims against the Plaintiff. Plaintiff asks the Court to issue an Order clarifying that Mr. Koester has not properly alleged any counterclaims requiring a response within 21 days of service pursuant to Fed. R. Civ. P. 12(a)(1)(B). Plaintiff's counsel alternatively states that: Plaintiff would be willing to file an appropriate motion if the Court would prefer formal motion practice; or Plaintiff is available to discuss these issues in a telephone conference. Having reviewed Mr. Koester's pleading, the Court appreciates Plaintiff's concerns. However, the Court declines to issue an Order construing Mr. Koester's pro se pleading based solely on Plaintiff's counsel's December 21st letter. Instead, the Court determines that an early case management conference is appropriate, and the matter is hereby scheduled for a telephone conference on 1/28/21 at 02:00 PM. Call-in instructions will be sent by email to Mr. Koester and Plaintiff's counsel. Plaintiff's deadline to respond to any aspect of Mr. Koester's December 11th pleading, if any response is ultimately deemed necessary, is stayed until further order of the Court. The conference is being set for several weeks down the road to give time for a possible consultation between Mr. Koester and a pro se project attorney. Ordered by Magistrate Judge Katherine M. Menendez on 12/22/2020.(KAT)
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| Filing 12 NOTICE of Appearance by Ryan Malone on behalf of United Van Lines, LLC. (Malone, Ryan) |
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Filing 11
ORDER denying without prejudice #9 Motion for Sanctions and Other Relief. Signed by Judge Patrick J. Schiltz on 12/14/2020. (CLG)
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| Filing 10 LETTER REFERRING Litigant to FBA Pro Se Project from Judge Patrick J. Schiltz. (CLG) |
| Filing 9 MOTION for Sanctions , MOTION exclude the Household Goods Descriptive Inventory sheets from Defense evidence; Mr. Baer should be fully competent to address and pursue this continued legal action or Complain by himself; external attorney Mr. Herman et al. at Lewis Brisbois Bisgaard & Smith LLP should be excluded; United and/or Lewis Brisbois Bisgaard & Smith LLP to immediately file, with a separate e-mail sent to Mr. Koester, a document verifying and completing the listing of all individuals listed; United and/or Lewis Brisbois Bisgaard & Smith LLP to bear all costs associated with Mr. Koester being served; any filing, recording, etc. of said Proof of Service should be dismissed, excluded, etc. from current and any future evidence;13.Dismiss Plaintiffs case/Complaint with prejudice, and without Plaintiffs demanded Jury Trial , MOTION to Dismiss/General filed by Jay Koester. (Koester, Jay) |
| Filing 8 ANSWER to Complaint filed by Jay Koester. (Attachments: #1 Exhibit(s)) (Koester, Jay) |
| Filing 7 DOCUMENT FILED IN ERROR-INCORRECT EVENT-DIRECTED TO REFILE AND FILE ATTACHMENTS AS SEPARATE EVENT. RESPONSE re #1 Complaint, with Motions and Sanctions filed by Jay Koester.(Koester, Jay) Modified text on 12/10/2020 (lmb). |
| Filing 6 Clerk's Notice of APPLICATION FOR PRO SE LITIGANT TO FILE ELECTRONICALLY. Jay Koester is GRANTED e-filing privileges in this case. Pursuant to F.R.Cv.P. Rule 5 and 7(d), Jay Koester has consented to electronic service and has agreed to waive service by other means for all subsequent filings in this case, except when electronic service is not allowed under the rules. (JGK) |
| Filing 5 RULE 7.1 DISCLOSURE STATEMENT. There a parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff United Van Lines, LLC. (Herman, Alex) Modified text on 12/2/2020 (lmb). |
| Filing 4 SUMMONS Returned Executed by United Van Lines, LLC. Jay Koester served on 11/20/2020, answer due 12/11/2020. (Herman, Alex) |
| Filing 3 Summons Issued as to Jay Koester. (CLK) |
| Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Patrick J. Schiltz per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Katherine M. Menendez. Please use case number 20-cv-2357 PJS/KMM. (CLK) |
| Filing 1 COMPLAINT against Jay Koester (filing fee $ 400, receipt number AMNDC-8236539) filed by United Van Lines, LLC. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet) (Herman, Alex) |
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| Defendant: Jay Koester | |
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| Plaintiff: United Van Lines, LLC | |
| Represented By: | Carli D Pearson |
| Represented By: | Alex Herman |
| Represented By: | Ryan Malone |
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