The City of Starkville, Mississippi v. J & P Construction Co., Inc. et al
Plaintiff: The City of Starkville, Mississippi
Defendant: J & P Construction Co., Inc., Evoqua Water Technologies LLC, Volkert, Inc. and Environmental Technical Sales, Inc.
Case Number: 1:2024cv00015
Filed: January 24, 2024
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Sharion Aycock
Referring Judge: David A Sanders
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2024 Opinion or Order 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)
March 19, 2024 Opinion or Order 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)
March 15, 2024 Opinion or Order 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)
March 15, 2024 Opinion or Order 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)
March 14, 2024 Opinion or Order 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)
March 14, 2024 Opinion or Order 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)
March 14, 2024 Opinion or Order 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)
March 14, 2024 Opinion or Order 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)
March 14, 2024 Opinion or Order 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)
March 13, 2024 Opinion or Order 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)
March 8, 2024 Opinion or Order 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).
March 8, 2024 Opinion or Order 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).
March 8, 2024 Opinion or Order 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).
March 8, 2024 Opinion or Order 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).
March 6, 2024 Opinion or Order Filing 38 NOTICE of Attorney Appearance by Lucian Davis Seymour on behalf of The City of Starkville, Mississippi (Seymour, Lucian)
March 6, 2024 Opinion or Order 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)
March 6, 2024 Opinion or Order Filing 36 NOTICE of Attorney Appearance by Berkley N. Huskison, I on behalf of The City of Starkville, Mississippi (Huskison, Berkley)
February 27, 2024 Opinion or Order 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)
February 27, 2024 Opinion or Order 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)
February 27, 2024 Opinion or Order 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)
February 27, 2024 Opinion or Order 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)
February 23, 2024 Opinion or Order 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)
February 23, 2024 Opinion or Order 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)
February 14, 2024 Opinion or Order Filing 29 MEMORANDUM IN SUPPORT re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Evoqua Water Technologies LLC. (Pickett, Kaytie)
February 14, 2024 Opinion or Order 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)
February 14, 2024 Opinion or Order 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)
February 14, 2024 Opinion or Order 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)
February 14, 2024 Opinion or Order 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)
February 13, 2024 Opinion or Order Filing 24 ANSWER to State Court Complaint with Jury Demand by J & P Construction Co., Inc.. (Atkins, Jay)
February 13, 2024 Opinion or Order Filing 23 MEMORANDUM IN SUPPORT re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Environmental Technical Sales, Inc.. (Dumas, James)
February 13, 2024 Opinion or Order Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Environmental Technical Sales, Inc.. (Dumas, James)
February 12, 2024 Opinion or Order 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)
February 12, 2024 Opinion or Order 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)
February 12, 2024 Opinion or Order Filing 19 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE MOTION to Dismiss by Environmental Technical Sales, Inc.. (Dumas, James) Modified on 2/12/2024 (jla).
February 12, 2024 Opinion or Order 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).
February 12, 2024 Opinion or Order 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).
February 12, 2024 Opinion or Order 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)
February 12, 2024 Opinion or Order 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)
February 12, 2024 Opinion or Order CLERK'S NOTICE re #18 Memorandum in Support, #19 MOTION to Dismiss ; Attorney to refile Motion and Memorandum (jla)
February 12, 2024 Opinion or Order 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)
February 9, 2024 Opinion or Order Filing 14 NOTICE of Attorney Appearance by Andrew Jackson Clark on behalf of Volkert, Inc. (Clark, Andrew)
February 9, 2024 Opinion or Order Filing 13 ANSWER to State Court Complaint by Volkert, Inc.. (Jernigan, Arthur)
February 8, 2024 Opinion or Order Filing 12 DISCLOSURE STATEMENT filed by Volkert, Inc. (Corporate). (Jernigan, Arthur)
February 5, 2024 Opinion or Order 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)
February 5, 2024 Opinion or Order Filing 10 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE STATE COURT RECORD - REMOVAL. (Pickett, Kaytie) Modified on 2/5/2024 (lgm).
February 5, 2024 Opinion or Order 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)
January 30, 2024 Opinion or Order Filing 9 NOTICE of Attorney Appearance by Dakota J. Stephens on behalf of Evoqua Water Technologies LLC (Stephens, Dakota)
January 30, 2024 Opinion or Order Filing 8 DISCLOSURE STATEMENT filed by J & P Construction Co., Inc. . (Atkins, Jay)
January 26, 2024 Opinion or Order Filing 7 DISCLOSURE STATEMENT filed by Environmental Technical Sales, Inc. (Corporate). (Dumas, James)
January 25, 2024 Opinion or Order Filing 6 DISCLOSURE STATEMENT filed by Evoqua Water Technologies LLC . (Pickett, Kaytie)
January 25, 2024 Opinion or Order 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)
January 25, 2024 Opinion or Order NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Sanders. (jla)
January 24, 2024 Opinion or Order 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)
January 24, 2024 Opinion or Order Filing 4 JOINDER re #1 Notice of Removal filed by J & P Construction Co., Inc. (jla)
January 24, 2024 Opinion or Order Filing 3 JOINDER re #1 Notice of Removal filed by Volkert, Inc. (jla)
January 24, 2024 Opinion or Order Filing 2 JOINDER re #1 Notice of Removal filed by Environmental Technical Sales, Inc. (jla)
January 24, 2024 Opinion or Order 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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Search for this case: The City of Starkville, Mississippi v. J & P Construction Co., Inc. et al
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Plaintiff: The City of Starkville, Mississippi
Represented By: David Bonds Ellis
Represented By: Berkley N. Huskison, I
Represented By: Lucian Davis Seymour
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Defendant: J & P Construction Co., Inc.
Represented By: Jay Marshall Atkins
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Defendant: Evoqua Water Technologies LLC
Represented By: Kaytie M. Pickett
Represented By: Dakota J. Stephens
Represented By: Robert Anthony Gallagher
Represented By: Alexander Peyton Downs
Represented By: Zeynep Eda Haksal
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Defendant: Volkert, Inc.
Represented By: Arthur F. Jernigan, Jr.
Represented By: Andrew Jackson Clark
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Defendant: Environmental Technical Sales, Inc.
Represented By: Armin J. Moeller, Jr.
Represented By: James Russell Dumas, IV
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