The City of Starkville, Mississippi v. J & P Construction Co., Inc. et al
| The City of Starkville, Mississippi |
| J & P Construction Co., Inc., Evoqua Water Technologies LLC, Volkert, Inc. and Environmental Technical Sales, Inc. |
| 1:2024cv00015 |
| January 24, 2024 |
| US District Court for the Northern District of Mississippi |
| Sharion Aycock |
| David A Sanders |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 51 REPLY to Response to Motion re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Evoqua Water Technologies LLC. (Pickett, Kaytie) |
| Filing 50 NOTICE Resetting Conference: Telephonic Case Management Conference reset for 4/5/2024 at 9:30 AM with Magistrate Judge David Sanders. Proposed Case Management Order and Confidential Settlement Memos due no later than 3/29/24. (jf) |
| Filing 49 REPLY to Response to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Environmental Technical Sales, Inc.. (Dumas, James) |
Filing 48
TEXT ONLY ORDER granting #47 Motion for Extension of Time to File Reply as to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Reply now due by March 22, 2024. No further Order shall issue from this Court. Signed by District Judge Sharion Aycock on 3/15/2024. (no document attached) (nml)
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| Filing 47 MOTION for Extension of Time to File Response/Reply as to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Evoqua Water Technologies LLC. (Pickett, Kaytie) |
| Filing 46 MEMORANDUM IN SUPPORT re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City of Starkville, Mississippi. (Ellis, David) |
| Filing 45 RESPONSE in Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City of Starkville, Mississippi. (Attachments: #1 Exhibit 1 - Evoqua 11.9.20 Letter) (Ellis, David) |
| Filing 44 MEMORANDUM IN SUPPORT re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City of Starkville, Mississippi. (Ellis, David) |
| Filing 43 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City of Starkville, Mississippi. (Attachments: #1 Exhibit 1 - Evoqua 11.9.20 Letter) (Ellis, David) |
| CLERK'S NOTICE re #39 RESPONSE in Opposition, #40 MEMORANDUM IN SUPPORT; #41 RESPONSE in Opposition, #42 MEMORANDUM IN SUPPORT: All exhibits should be filed with the response to which they relate and not the memorandum brief, as required by L.U.Civ.R. 7(b)(2). Further, All related filings to motion must be linked back to the original motion instead of a responsive pleading. Attorney directed to refile responses and memorandum briefs. (jla) |
| Filing 42 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE MEMORANDUM IN SUPPORT re #41 Response in Opposition to Motion to Dismiss filed by The City of Starkville, Mississippi. (Attachments: #1 Exhibit 1 - Evoqua 11.9.20 Letter) (Ellis, David) Modified on 3/13/2024 (jla). |
| Filing 41 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE RESPONSE in Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City of Starkville, Mississippi. (Ellis, David) Modified on 3/13/2024 (jla). |
| Filing 40 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE MEMORANDUM IN SUPPORT re #39 Response in Opposition to Motion to Dismiss filed by The City of Starkville, Mississippi. (Attachments: #1 Exhibit 1 - Evoqua 11.9.20 Letter) (Ellis, David) Modified on 3/13/2024 (jla). |
| Filing 39 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City of Starkville, Mississippi. (Ellis, David) Modified on 3/13/2024 (jla). |
| Filing 38 NOTICE of Attorney Appearance by Lucian Davis Seymour on behalf of The City of Starkville, Mississippi (Seymour, Lucian) |
| Filing 37 NOTICE of Conference: Telephonic Case Management Conference reset for 3/29/2024 at 10:30 AM from Amory Tele-Conference before Magistrate Judge David A. Sanders. Proposed Case Management Order and Confidential Settlement Memos due no later than 3/22/2024. (jf) |
| Filing 36 NOTICE of Attorney Appearance by Berkley N. Huskison, I on behalf of The City of Starkville, Mississippi (Huskison, Berkley) |
| Filing 35 SUMMONS Returned Executed by David Bonds Ellis on behalf of The City of Starkville, Mississippi Environmental Technical Sales, Inc. served on 1/22/2024. (Ellis, David) |
| Filing 34 SUMMONS Returned Executed by David Bonds Ellis on behalf of The City of Starkville, Mississippi Volkert, Inc. served on 1/22/2024. (Ellis, David) |
| Filing 33 SUMMONS Returned Executed by David Bonds Ellis on behalf of The City of Starkville, Mississippi Evoqua Water Technologies LLC served on 1/22/2024. (Ellis, David) |
| Filing 32 SUMMONS Returned Executed by David Bonds Ellis on behalf of The City of Starkville, Mississippi J & P Construction Co., Inc. served on 1/22/2024. (Ellis, David) |
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Filing 31
TEXT ONLY ORDER granting #30 Motion for Extension of Time to File Responses to [22, 28] Motions to Dismiss. Responses now due by 3/8/2024. No further Order shall issue from this Court. Signed by District Judge Sharion Aycock on 2/23/24. (no document attached) (sko)
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| Filing 30 MOTION for Extension of Time to File Response/Reply as to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The City of Starkville, Mississippi. (Ellis, David) |
| Filing 29 MEMORANDUM IN SUPPORT re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Evoqua Water Technologies LLC. (Pickett, Kaytie) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Evoqua Water Technologies LLC. (Attachments: #1 Exhibit Exhibit A - Purchase Order, #2 Exhibit Exhibit B - Quote) (Pickett, Kaytie) |
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Filing 27
ORDER granting #21 Motion to Appear Pro Hac Vice; Attorney Alexander Peyton Downs for the defendant Evoqua Water Technologies, LLC. Signed by Magistrate Judge David A. Sanders on 2/14/24. (def)
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Filing 26
ORDER granting #20 Motion to Appear Pro Hac Vice; Attorney Robert Anthony Gallagher for the defendant Evoqua Water Technologies, LLC. Signed by Magistrate Judge David A. Sanders on 2/14/24. (def)
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Filing 25
ORDER granting #15 Motion to Appear Pro Hac Vice; Attorney Zeynap Eda Haksal for the defendant Evoqua Water Technologies, LLC. Signed by Magistrate Judge David A. Sanders on 2/14/24. (def)
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| Filing 24 ANSWER to State Court Complaint with Jury Demand by J & P Construction Co., Inc.. (Atkins, Jay) |
| Filing 23 MEMORANDUM IN SUPPORT re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Environmental Technical Sales, Inc.. (Dumas, James) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Environmental Technical Sales, Inc.. (Dumas, James) |
| Filing 21 MOTION to Appear Pro Hac Vice ; Attorney Alexander Peyton Downs,(Paid $150 PHV fee; receipt number AMSNDC-2353792) by Evoqua Water Technologies LLC. (Attachments: #1 Exhibit Alexander Downs Certificate of Good Standing) (Pickett, Kaytie) |
| Filing 20 MOTION to Appear Pro Hac Vice ; Attorney Robert Anthony Gallagher,(Paid $150 PHV fee; receipt number AMSNDC-2353778) by Evoqua Water Technologies LLC. (Attachments: #1 Exhibit Gallagher Good Standing Certificate) (Pickett, Kaytie) |
| Filing 19 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE MOTION to Dismiss by Environmental Technical Sales, Inc.. (Dumas, James) Modified on 2/12/2024 (jla). |
| Filing 18 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE MEMORANDUM IN SUPPORT re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Environmental Technical Sales, Inc.. (Dumas, James) Modified on 2/12/2024 (jla). |
| Filing 17 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Environmental Technical Sales, Inc.. (Dumas, James) Modified on 2/12/2024 (lgm). |
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Filing 16
INITIAL ORDER - RULE 16.1:Telephonic Case Management Conference set for 3/26/2024 at 9:00 AM from Amory Tele-Conference before Magistrate Judge David A. Sanders. Proposed Case Management Order and Confidential Settlement Memos due no later than 3/19/2024. Signed by Magistrate Judge David A. Sanders on 02/12/2024. (jf)
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| Filing 15 MOTION to Appear Pro Hac Vice ; Attorney Zeynap Eda Haksal,(Paid $150 PHV fee; receipt number AMSNDC-2353544) by Evoqua Water Technologies LLC. (Attachments: #1 Exhibit Haksal DC & NY Good Standing Certificates) (Pickett, Kaytie) |
| CLERK'S NOTICE re #18 Memorandum in Support, #19 MOTION to Dismiss ; Attorney to refile Motion and Memorandum (jla) |
| CLERK'S NOTICE re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Attorney to refile motion in accordance with L.U.Civ.R. 7(b)(2)(B) as motions may not contain legal argument or citations to case law or other secondary authority. (lgm) |
| Filing 14 NOTICE of Attorney Appearance by Andrew Jackson Clark on behalf of Volkert, Inc. (Clark, Andrew) |
| Filing 13 ANSWER to State Court Complaint by Volkert, Inc.. (Jernigan, Arthur) |
| Filing 12 DISCLOSURE STATEMENT filed by Volkert, Inc. (Corporate). (Jernigan, Arthur) |
| Filing 11 STATE COURT RECORD - REMOVAL. (Attachments: #1 Exhibit Circuit Clerk Certification, #2 Civil Cover Sheet Civil Cover Sheet, #3 State Court Complaint Complaint with attorney letter, #4 Exhibit Summons issued to J&P Construction, #5 Exhibit Summons issued to Evoqua, #6 Exhibit Summons issued to Volkert, #7 Exhibit Summons issued to Environmental Technical, #8 Exhibit Notice of Filing Notice of Removal with exhibits) (Pickett, Kaytie) |
| Filing 10 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE STATE COURT RECORD - REMOVAL. (Pickett, Kaytie) Modified on 2/5/2024 (lgm). |
| CLERK'S NOTICE re #10 State Court Record - Removal: Attorney to refile State Court Record as required by L.U.Civ.R. 5(b) and as described in the red docket text of Docket Entry #1 . (lgm) |
| Filing 9 NOTICE of Attorney Appearance by Dakota J. Stephens on behalf of Evoqua Water Technologies LLC (Stephens, Dakota) |
| Filing 8 DISCLOSURE STATEMENT filed by J & P Construction Co., Inc. . (Atkins, Jay) |
| Filing 7 DISCLOSURE STATEMENT filed by Environmental Technical Sales, Inc. (Corporate). (Dumas, James) |
| Filing 6 DISCLOSURE STATEMENT filed by Evoqua Water Technologies LLC . (Pickett, Kaytie) |
| CLERK'S NOTICE: F.R.C.P. 7.1(a)(2) requires all parties in a diversity action to file a disclosure statement at the time of the initial appearance and/or pleading. The disclosure statement must name and disclose the citizenship of every individual or entity whose citizenship is attributed to that party. Please use the civil event Disclosure Statement to file the required disclosure statement. (jla) |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Sanders. (jla) |
| Filing 5 STATE COURT COMPLAINT against Environmental Technical Sales, Inc., Evoqua Water Technologies LLC, J & P Construction Co., Inc., Volkert, Inc., filed by The City of Starkville, Mississippi. (jla) |
| Filing 4 JOINDER re #1 Notice of Removal filed by J & P Construction Co., Inc. (jla) |
| Filing 3 JOINDER re #1 Notice of Removal filed by Volkert, Inc. (jla) |
| Filing 2 JOINDER re #1 Notice of Removal filed by Environmental Technical Sales, Inc. (jla) |
| Filing 1 NOTICE OF REMOVAL by Evoqua Water Technologies LLC from Oktibbeha County Circuit Court, case number 23-0599-E. ( Filing fee $ 405 receipt number AMSNDC-2345706) Pursuant to Local Uniform Civil Rule 5(b) and the Administrative Procedures for Electronic Case Filing for the Northern District of Mississippi, the removing defendant must electronically file a copy of the entire state court record within 14 days of the date of removal. The state court record will be filed using the event State Court Record - Removal. Attach the Notice/Certificate of Filing State Court Record as the main document with each state court document attached as a separate PDF. All attachments must be clearly identified. The state court record can not be filed conventionally., filed by Evoqua Water Technologies LLC. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Joinder to Removal, #3 Exhibit C - Notice of Filing Notice of Removal, #4 Civil Cover Sheet) (jla) |
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