City of Cleveland, Mississippi v. Siemens Industry, Inc. et al
Plaintiff: City of Cleveland, Mississippi
Defendant: John Does 1-10, Siemens Industry, Inc., Mueller Systems, LLC and Chris McNeil
Case Number: 4:2018cv00170
Filed: August 15, 2018
Court: US District Court for the Northern District of Mississippi
Office: Greenville Division Office
County: Bolivar
Presiding Judge: Debra M Brown
Referring Judge: Roy Percy
2 Judge: Jane M Virden
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2018 Filing 39 RESPONSE in Support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Rebuttal in Support of its Motion to Dismiss Plaintiffs First Amended Complaint filed by Mueller Systems, LLC. (Johnson, Robert)
October 10, 2018 Filing 38 REPLY to Response to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Siemens Industry, Inc.. (Hathaway, Bradley)
October 5, 2018 Filing 37 REPLY to Response to Motion re #27 MOTION to Remand to State Court filed by City of Cleveland, Mississippi. (Swan, Dana)
October 4, 2018 Filing 36 MEMORANDUM IN SUPPORT re #35 Response to Motion re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Cleveland, Mississippi. (Jacks, Jamie) Modified on 10/5/2018 (jla).
October 4, 2018 Filing 35 RESPONSE to Motion re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Cleveland, Mississippi. (Jacks, Jamie)
October 3, 2018 Filing 34 MEMORANDUM IN SUPPORT re #33 Response to Motion filed by City of Cleveland, Mississippi. (Jacks, Jamie)
October 3, 2018 Filing 33 RESPONSE to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Cleveland, Mississippi. (Jacks, Jamie)
September 28, 2018 Filing 32 RESPONSE in Opposition re #27 MOTION to Remand to State Court filed by Siemens Industry, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Hathaway, Bradley)
September 19, 2018 Opinion or Order Filing 31 ORDER STAYING CASE PENDING RULING ON MOTION TO REMAND. Signed by Magistrate Judge Roy Percy on 9/19/18. (bnd)
September 19, 2018 Filing 30 MOTION for Extension of Time or in the Alternative, Motion to Stay by City of Cleveland, Mississippi. (Jacks, Jamie)
September 19, 2018 Opinion or Order Filing 29 ORDER granting #26 Motion to Appear Pro Hac Vice; Attorney Jason M. Zager. Signed by Magistrate Judge Roy Percy on 9/19/18. (bnd)
September 19, 2018 NOTICE Cancelling Case Management Conference re #31 Order Staying Case (rtc)
September 14, 2018 Filing 28 MEMORANDUM IN SUPPORT re #27 MOTION to Remand to State Court . (Swan, Dana)
September 14, 2018 Filing 27 MOTION to Remand to State Court by City of Cleveland, Mississippi. (Attachments: #1 Exhibit "1" Copy of Performance Contract Agreement, #2 Exhibit "2' Copy of Power Point Presentation, #3 Exhibit "3" Copy of Agreement With Mueller, #4 Exhibit "4" Copy of emails) (Swan, Dana)
September 11, 2018 Filing 26 MOTION to Appear Pro Hac Vice ; Attorney Jason M. Zager,(Paid $100 PHV fee; receipt number 0537-1593891) by Mueller Systems, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit certificate of Good Standing) (Johnson, Robert)
September 6, 2018 Filing 25 MEMORANDUM IN SUPPORT re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Johnson, Robert)
September 6, 2018 Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mueller Systems, LLC. (Johnson, Robert)
September 6, 2018 CLERK'S NOTICE OF CORRECTION re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Motion and Memorandum to be refiled as separate docket items in accordance with Local Rule 7(b) (jtm)
September 5, 2018 Filing 23 NOTICE of Attorney Appearance by Daniel J. Griffith on behalf of City of Cleveland, Mississippi (Griffith, Daniel)
September 5, 2018 Filing 22 MEMORANDUM IN SUPPORT re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Hathaway, Bradley)
September 5, 2018 Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Siemens Industry, Inc.. (Attachments: #1 Exhibit 1) (Hathaway, Bradley)
September 5, 2018 Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mueller Systems, LLC. (Johnson, Robert)
August 28, 2018 Filing 19 ANSWER to State Court Complaint with Jury Demand by Chris McNeil. (Gay, Kevin)
August 21, 2018 Opinion or Order Filing 18 ORDER granting in part and denying in part #14 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Roy Percy on 8/21/18. (bnd)
August 21, 2018 Filing 17 NOTICE of Attorney Appearance by Dana J. Swan on behalf of City of Cleveland, Mississippi (Swan, Dana)
August 21, 2018 Filing 16 MOTION for Joinder Consent to Removal by Mueller Systems, LLC. (Johnson, Robert)
August 21, 2018 Filing 15 MOTION for Disclosure by Mueller Systems, LLC. (Johnson, Robert)
August 21, 2018 Filing 14 MOTION for Extension of Time to File Response/Reply by Mueller Systems, LLC. (Johnson, Robert)
August 20, 2018 Opinion or Order Filing 13 ORDER granting #8 Motion to Appear Pro Hac Vice; Attorney Ralph A. Finizio. Signed by Magistrate Judge Roy Percy on 8/20/18. (bnd)
August 20, 2018 Opinion or Order Filing 12 ORDER granting #9 Motion to Appear Pro Hac Vice; Attorney Stephen William Kiefer. Signed by Magistrate Judge Roy Percy on 8/20/18. (bnd)
August 20, 2018 Opinion or Order Filing 11 ORDER granting in part and denying in part #10 Motion for Extension of Time to Answer. Signed by Magistrate Judge Roy Percy on 8/20/18. (bnd)
August 20, 2018 Filing 10 MOTION for Extension of Time to File Answer re #2 Complaint - State Court Re: Unopposed by Siemens Industry, Inc.. (Hathaway, Bradley)
August 17, 2018 Filing 9 MOTION to Appear Pro Hac Vice ; Attorney Stephen William Kiefer,(Paid $100 PHV fee; receipt number 0537-1585688) by Siemens Industry, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Hathaway, Bradley)
August 17, 2018 Filing 8 MOTION to Appear Pro Hac Vice ; Attorney Ralph A. Finizio,(Paid $100 PHV fee; receipt number 0537-1585687) by Siemens Industry, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Hathaway, Bradley)
August 17, 2018 Filing 7 CORPORATE STATEMENT . (Hathaway, Bradley)
August 17, 2018 Filing 6 NOTICE of Attorney Appearance by Ralph E. Chapman on behalf of City of Cleveland, Mississippi (Chapman, Ralph)
August 16, 2018 Opinion or Order Filing 5 INITIAL ORDER - RULE 16.1 Case Management Conference set for 9/28/2018 11:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 8/16/18. (rtc)
August 16, 2018 Filing 4 JOINDER re #1 Notice of Removal,,,, of Defendant Chris McNeil. (Gay, Kevin)
August 16, 2018 Filing 3 STATE COURT RECORD - REMOVAL. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 Summons, #4 Summons, #5 Summons Proof of Service, #6 Summons Proof of Service, #7 State Court Complaint Amended, #8 Summons, #9 Summons, #10 Summons) (Hathaway, Bradley)
August 16, 2018 Case reassigned to Magistrate Judge Roy Percy. Magistrate Judge Jane M. Virden no longer assigned to the case. (tab)
August 15, 2018 Filing 2 STATE COURT COMPLAINT against John Does 1-10, Chris McNeil, Mueller Systems, LLC, Siemens Industry, Inc., filed by City of Cleveland, Mississippi. (tab)
August 15, 2018 Filing 1 NOTICE OF REMOVAL by Siemens Industry, Inc. from Circuit Court of Bolivar County, Mississippi, case number 2018-0055. ( Filing fee $ 400 receipt number 0537-1584627) 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 Siemens Industry, Inc.. (Attachments: #1 Revised Style Notice of Removal, #2 Exhibit A State Court Record, #3 Exhibit B State Complaint and Summons, #4 Exhibit C Notice of Filing Notice of Removal) (tab) (Additional attachment(s) added on 8/16/2018: #5 Civil Cover Sheet) (tab).
August 15, 2018 NOTICE OF ASSIGNMENT. Case assigned to Judge Debra M Brown and Magistrate Judge Jane M Virden. (tab)

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Defendant: John Does 1-10
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Defendant: Siemens Industry, Inc.
Represented By: Bradley Farel Hathaway
Represented By: Gregory Weathers Virden, Jr.
Represented By: Stephen W. Kiefer
Represented By: Ralph A. Finizio
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Defendant: Mueller Systems, LLC
Represented By: Jason M. Zager
Represented By: Robert L. Johnson, III
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Defendant: Chris McNeil
Represented By: Kevin Earl Gay
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Plaintiff: City of Cleveland, Mississippi
Represented By: Gerald Haggart Jacks
Represented By: Jamie Ferguson Jacks
Represented By: Dana J. Swan
Represented By: Ralph E. Chapman
Represented By: Daniel J. Griffith
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