Kimler v. Diversified Elevator Service and Equipment Company, Inc. et al
| Charles Kimler |
| Elevated Technologies, Inc., Diversified Elevator Service and Equipment Company, Inc., Elevator Service, Inc., Bryan Hernandez, Nidec, Nidec Motor Corporation, Motion Control Engineering, Inc. and Nidec Motion Control |
| 1:2022cv00149 |
| June 15, 2022 |
| US District Court for the Southern District of Mississippi |
| Taylor B McNeel |
| Robert P Myers |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 27 Rule 16(a) Initial Order Telephonic Case Management Conference set for 9/7/2022 09:00 AM before Magistrate Judge Robert P. Myers Jr. (SR) |
| Filing 26 AMENDED STIPULATION OF DISMISSAL by Charles Kimler. Amendment to #25 Stipulation of Dismissal (Mestayer, Matthew) (Main Document 26 replaced on 7/22/2022 to delete blank page) (wld). |
| Filing 25 STIPULATION of Dismissal Without Prejudice As To Defendants, Nidec, Nidec Motor Corporation, Motion Control Engineering, Inc., and Nidec Motion Control, Only by Charles Kimler (Mestayer, Matthew) |
| Filing 24 MOTION to Dismiss Without Prejudice by Charles Kimler (Burkes, Jennifer) |
TEXT ONLY ORDER finding as moot Nidec Motor Corporation's #2 Motion to Dismiss pursuant to #25 Stipulation of Dismissal. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Taylor B. McNeel on 07/21/2022. (JDP)
|
| DOCKET ANNOTATION as to #25: The same attorney that signed the main document and docketed the Stipulation should have also signed the certificate of service. (RLW) |
|
TEXT ONLY ORDER finding as moot Plaintiff's Voluntary #24 Motion to Dismiss Nidec Motor Corporation pursuant to #25 Stipulation of Dismissal. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Taylor B. McNeel on 07/21/2022. (JDP)
|
| Filing 23 Corporate Disclosure Statement by Elevated Technologies, Inc. (Wyly, James) |
| Filing 22 ANSWER to Complaint (Notice of Removal) and Affirmative Defenses by Elevated Technologies, Inc. (Wyly, James) |
| Filing 21 MOTION for Extension of Time to File Response/Reply as to #3 Memorandum in Support of Motion, #2 MOTION to Dismiss by Charles Kimler (Attachments: #1 Affidavit Affidavit of Jennifer P. Burkes)(Burkes, Jennifer) |
| Filing 20 ANSWER to Complaint (Notice of Removal) by Bryan Hernandez (Slaten - PHV, Clifton) |
|
TEXT ONLY ORDER granting #21 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff's Response to Defendant's #2 MOTION to Dismiss is now due 7/25/2022. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 07/11/2022 (JDP)
|
| DOCKET ANNOTATION as to #21: Advising attorney upon selecting Affidavit from the category box, the word Affidavit should not have been added in the description box. (RLW) |
|
Filing 19
ORDER granting #18 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on June 27, 2022 (SK)
|
| Filing 18 MOTION for Clifton Eddie Slaten to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4868709) by Diversified Elevator Service and Equipment Company, Inc. (Attachments: #1 Attachment Alabama State Bar Certificate of Good Standing)(Citrin, Elizabeth) |
| Filing 17 NOTICE of Appearance by Elizabeth A. Citrin on behalf of Bryan Hernandez (Citrin, Elizabeth) |
| DOCKET ANNOTATION as to #15: Per conversation with attorney's office, this Joinder in Removal is on behalf of Bryan Hernandez, not Diversified Elevator Service and Equipment Company, Inc. Diversified's #5 Joinder was filed on 6/15/22. Diversified was inadvertently selected as a filer and name listed below the attorney's signature line. Court staff made the necessary corrections and NEF will be regenerated; and DOCKET ANNOTATION as to #16: Incorrect event chosen. This case was removed from state court, therefore, the event code Answer to Complaint (Notice of Removal) should have been used. Attorney is not required to re-file. (RLW) Docket Annotation Modified on 6/22/2022 (RLW). |
| Filing 16 ANSWER to Complaint by Diversified Elevator Service and Equipment Company, Inc..(Citrin, Elizabeth) |
| Filing 15 Joinder in Document by Bryan Hernandez to #1 Notice of Removal, filed by Nidec Motor Corporation, Elevator Service, Inc., Diversified Elevator Service and Equipment Company, Inc., Elevated Technologies, Inc. (Citrin, Elizabeth) Modified on 6/22/2022 correct filer (RLW). |
| DOCKET ANNOTATION as to # 14. Attorney is advised that the correct judge initials for this case are TBM-RPM, which should be used on all future filings. (JCH) |
|
TEXT ONLY ORDER granting #14 Motion for Extension of Time to File Answer to Plaintiff's Complaint. Elevated Technologies, Inc. answer due 7/13/2022; Elevator Service, Inc. answer due 7/13/2022. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on June 21, 2022 (SK)
|
| Filing 14 MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Elevated Technologies, Inc., Elevator Service, Inc. (McCrory, Lauren) |
| Filing 13 NOTICE of Appearance by Jennifer Parkinson Burkes on behalf of Charles Kimler (Burkes, Jennifer) |
| Filing 12 NOTICE of Appearance by Lauren Reeder McCrory on behalf of Elevated Technologies, Inc. (McCrory, Lauren) |
| Filing 11 Joinder in Document by Elevated Technologies, Inc. to #1 Notice of Removal,,, filed by Nidec Motor Corporation, Elevator Service, Inc., Diversified Elevator Service and Equipment Company, Inc., Elevated Technologies, Inc. (Wyly, James) |
| Filing 10 NOTICE of Appearance by Elizabeth A. Citrin on behalf of Diversified Elevator Service and Equipment Company, Inc. (Citrin, Elizabeth) |
| Filing 9 NOTICE of Appearance by Katie Berry Lyons on behalf of Nidec Motor Corporation (Lyons, Katie) |
| Filing 8 State Court Record by Defendant Nidec Motor Corporation Volumes 1 (Sensing, Timothy) |
| Filing 7 Corporate Disclosure Statement by Nidec Motor Corporation (Sensing, Timothy) |
| DOCKET ANNOTATION as to #5: Advising attorney that this docket entry should have been linked to #1 Notice of Removal. A message asks the filer "Should the document you are filing link to another document in this case?" At this point, the filer should check the box, click next, and select the document. Attorney is not required to re-file. Court staff added linkage. (RLW) |
| Filing 6 NOTICE of Appearance by Hugh Ruston Comley on behalf of Nidec Motor Corporation (Comley, Hugh) |
| Filing 5 Joinder in Document #1 Notice of Removal, by Diversified Elevator Service and Equipment Company, Inc. (Citrin, Elizabeth) Modified on 6/16/2022 to create relationship to document #1 (RLW). |
| Filing 4 Corporate Disclosure Statement by Diversified Elevator Service and Equipment Company, Inc. (Citrin, Elizabeth) |
| Filing 3 MEMORANDUM in Support re #2 MOTION to Dismiss filed by Nidec Motor Corporation (Sensing, Timothy) |
| Filing 2 MOTION to Dismiss by Nidec Motor Corporation (Sensing, Timothy) |
| Filing 1 NOTICE OF REMOVAL by Diversified Elevator Service and Equipment Company, Inc., Elevated Technologies, Inc., Elevator Service, Inc., Nidec Motor Corporation from Circuit Court of Harrison County, Mississippi, case number A240222-67. ( Filing fee $ 402 receipt number 4861278) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A-State Court Record, #2 Civil Cover Sheet)(wld) (Main Document 1 replaced on 6/15/2022) (wld). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Mississippi Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
