Howard v. Kirk Brothers, Inc. et al
Plaintiff: Melanise Howard
Defendant: Americredit Financial Services, Inc., Kirk Brothers, Inc., GM Financial and Owners Services, Inc.
Case Number: 4:2023cv00214
Filed: November 16, 2023
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Michael P Mills
Referring Judge: David A Sanders
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1331 bc Fed. Question: Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2024 Opinion or Order Filing 20 AGREED ORDER compelling Arbitration of Plaintiff's Claims; granting #19 Joint MOTION to Arbitrate and Dismiss. CASE CLOSED. Signed by Senior Judge Michael P. Mills on 1/5/24. (jla)
January 3, 2024 Filing 19 Joint MOTION to Arbitrate and Dismiss Plaintiff's Claims Against Defendants by Americredit Financial Services, Inc.. (Attachments: #1 Exhibit A - Agreed Order) (Leeth, Alan) Modified on 1/5/2024 (jla).
January 3, 2024 CLERK'S NOTICE re #19 Joint MOTION to Arbitrate and Dismiss Plaintiff's Claims Against Defendants : Attorney to email proposed order to chambers as required by Section 5(B) of the Administrative Procedures for Electronic Case Filing. (jwr)
December 27, 2023 Filing 18 MOTION to Withdraw #12 MOTION to Remand to State Court , #13 Memorandum in Support by Melanise Howard. (Ware, Daniel)
December 13, 2023 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File Response/Reply as to #12 MOTION to Remand to State Court , #13 Memorandum in Support . Responses due by 1/4/2024. Signed by Senior Judge Michael P. Mills on 12/13/2023. (lgm)
December 13, 2023 Filing 16 Joint MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Remand to State Court , #13 Memorandum in Support by Americredit Financial Services, Inc.. (Leeth, Alan)
December 7, 2023 CLERK'S NOTICE of Past Due Answer as to Owners Services, Inc. (jla)
December 1, 2023 Filing 15 ANSWER to State Court Complaint by Americredit Financial Services, Inc.. (Leeth, Alan)
November 30, 2023 Opinion or Order Filing 14 ORDER STAYING CASE due to #12 Motion to Remand. Signed by Magistrate Judge David A. Sanders on 11/30/23. (cs)
November 30, 2023 Filing 13 MEMORANDUM IN SUPPORT re #12 MOTION to Remand to State Court filed by Melanise Howard. (Ware, Daniel)
November 30, 2023 Filing 12 MOTION to Remand to State Court by Melanise Howard. (Attachments: #1 Exhibit Retail Installment Sale Contract, #2 Exhibit Unsworn Declaration of Melanise Howard) (Ware, Daniel)
November 21, 2023 Filing 11 DISCLOSURE STATEMENT filed by Kirk Brothers, Inc. . (Ruhr, Chad)
November 21, 2023 Filing 10 NOTICE of Attorney Appearance by Chad Alan Ruhr on behalf of Kirk Brothers, Inc. (Ruhr, Chad)
November 21, 2023 Filing 9 ANSWER to Complaint with Jury Demand by Kirk Brothers, Inc.. (Williams, Matthew)
November 21, 2023 Opinion or Order Filing 8 TEXT-ONLY ORDER granting #7 Motion for Extension of Time to Answer re #2 Complaint. Americredit Financial Services, Inc.'s answer due 12/1/2023. No further order will issue from this court. Signed by Magistrate Judge David A. Sanders on 11/21/23. (No document attached.) (cs)
November 21, 2023 Filing 7 MOTION for Extension of Time to File Answer re #2 Complaint - State Court (Unopposed) by Americredit Financial Services, Inc.. (Leeth, Alan)
November 20, 2023 Filing 6 DISCLOSURE STATEMENT filed by Americredit Financial Services, Inc. . (Leeth, Alan)
November 17, 2023 Filing 5 STATE COURT RECORD - REMOVAL. (Attachments: #1 Exhibit Ex A-1 State Court Civil Cover Sheet, #2 Exhibit Ex A-2 State Court Complaint, #3 Exhibit Ex A-3 State Court Summons to Kirk Brothers, Inc., #4 Exhibit Ex A-4 State Court Summons to Americredit Financial Services, Inc. FKA GM Financial, #5 Exhibit Ex A-5 State Court Summons to Owner Services, Inc, #6 Exhibit Ex A-6 State Court Return of Service of Summons to Americredit Financial Services, Inc. FKA GM Financial with cover letter, #7 Exhibit Ex A-7 State Court Return of Service of Summons to Kirk Brothers, Inc. with cover letter) (Leeth, Alan)
November 16, 2023 Filing 4 JOINDER re #1 Notice of Removal by Owners Services, Inc. (jla)
November 16, 2023 Filing 3 JOINDER re #1 Notice of Removal by Kirk Brothers, Inc. (jla)
November 16, 2023 Filing 2 STATE COURT COMPLAINT against Americredit Financial Services, Inc., Kirk Brothers, Inc., Owners Services, Inc., filed by Melanise Howard. (jla)
November 16, 2023 Filing 1 NOTICE OF REMOVAL by Americredit Financial Services, Inc. from County Court of Leflore County, case number 2023-0365-COCI. ( Filing fee $ 402 receipt number AMSNDC-2323167) 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 Americredit Financial Services, Inc.. (Attachments: #1 A-1 - State Court Civil Cover Sheet, #2 A-2 - State Court Complaint, #3 A-3 - State Court Summons to Kirk Brothers, Inc., #4 A-4 - State Court Summons to Americredit Financial Services, Inc., #5 A-5 - State Court Summons to Owners Services, Inc., #6 A-6 - State Court Return of Service to Americredit Financial, #7 A-7 - State Court Return of Service Kirk Brothers, Inc., #8 B - Kirk Brothers Consent, #9 C - Owners Services Consent, #10 D - Contract, #11 Civil Cover Sheet) (jla)
November 16, 2023 NOTICE OF ASSIGNMENT. Case assigned to Judge Mills and Magistrate Judge Sanders. (jla)

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Defendant: Americredit Financial Services, Inc.
Represented By: Alan Daniel Leeth
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Defendant: Kirk Brothers, Inc.
Represented By: Chad Alan Ruhr
Represented By: Matthew Miles Williams
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Defendant: GM Financial
Represented By: Alan Daniel Leeth
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Defendant: Owners Services, Inc.
Represented By: Roger Adam Kirk
Represented By: R. Adam Kirk
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Plaintiff: Melanise Howard
Represented By: Daniel D. Ware
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