Midstate Steel, Inc. v. Hankin Environmental Systems, Inc. et al
Plaintiff: Midstate Steel, Inc.
Defendant: Hankin Environmental Systems, Inc., Calgon Carbon Corporation and O'Neal Constructors, LLC
Case Number: 1:2023cv00264
Filed: October 11, 2023
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Taylor B McNeel
Referring Judge: Robert P Myers
2 Judge: Halil S Ozerden
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2023 DOCKET ANNOTATION as to # 36. Attorney is advised that based on the title of this document and the case law throughout the pleading, this document should have been filed as a Memorandum. Attorney does not need to re-file. (JCH)
November 29, 2023 Filing 36 REPLY to Response to Motion re #17 MOTION to Dismiss Complaint filed by Calgon Carbon Corporation (Alexander, Roderick)
November 28, 2023 Filing 35 REPLY to Response to Motion re #17 MOTION to Dismiss Complaint filed by O'Neal Constructors, LLC (Fortenberry, Rankin)
November 22, 2023 Filing 34 MEMORANDUM IN SUPPORT re #33 Response in Opposition, #17 MOTION to Dismiss filed by Midstate Steel, Inc. (Feeney, Fredrick) Modified to add link to motion on 11/22/2023 (JCH).
November 22, 2023 Filing 33 Response in Opposition re #17 MOTION to Dismiss Complaint by Calgon Carbon Corporation (Alexander, Roderick) filed by Midstate Steel, Inc. (Attachments: #1 Exhibit "A" - Mississippi Board of Contractors)(Feeney, Fredrick)
November 22, 2023 Filing 32 Rebuttal re #26 Joinder in Document, #11 MOTION to Stay Proceedings Pending Arbitration filed by Hankin Environmental Systems, Inc. (Harris, Adam)
November 22, 2023 DOCKET ANNOTATION as to # 34. Incorrect linkage made. The Memorandum should be linked to the Motion to Dismiss. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction (JCH)
November 17, 2023 Filing 31 MEMORANDUM IN OPPOSITION re #26 Joinder in Document filed by Calgon Carbon Corporation (Alexander, Roderick)
November 13, 2023 Opinion or Order TEXT ONLY ORDER granting the #29 Joint Motion to Extend Briefing Schedule Deadlines. Plaintiff Midstate Steel, Inc.'s Response to Defendant Calgon Carbon Corporation's #17 Motion to Dismiss is now due on or before November 22, 2023, and Defendant Calgon Carbon Corporation's Rebuttal is now due on or before December 4, 2023. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on November 13, 2023. (ENW)
November 9, 2023 Filing 30 MEMORANDUM IN SUPPORT re #29 Joint MOTION to Extend Briefing Schedule Deadline filed by Midstate Steel, Inc. (Feeney, Fredrick)
November 9, 2023 Filing 29 Joint MOTION to Extend Briefing Schedule Deadline by Midstate Steel, Inc. (Feeney, Fredrick)
November 8, 2023 Filing 28 REPLY to Response to Motion re #11 MOTION to Stay Proceedings Pending Arbitration filed by O'Neal Constructors, LLC (Fortenberry, Rankin)
November 8, 2023 Filing 27 Corporate Disclosure Statement by Midstate Steel, Inc. (Feeney, Fredrick)
November 7, 2023 Filing 26 Joinder in Document by Hankin Environmental Systems, Inc. to #11 MOTION to Stay Proceedings Pending Arbitration filed by O'Neal Constructors, LLC (Harris, Adam)
November 2, 2023 Filing 25 Corporate Disclosure Statement by Calgon Carbon Corporation (Alexander, Roderick)
November 1, 2023 Filing 24 MEMORANDUM in Opposition re #11 MOTION to Stay Proceedings Pending Arbitration filed by Calgon Carbon Corporation (Alexander, Roderick)
November 1, 2023 Filing 23 MEMORANDUM IN OPPOSITION re #11 MOTION to Stay Proceedings Pending Arbitration filed by Midstate Steel, Inc. (Feeney, Fredrick)
October 31, 2023 Filing 22 NOTICE of Appearance by Melanie B. Mitchell on behalf of Calgon Carbon Corporation (Mitchell, Melanie)
October 31, 2023 Filing 21 Corporate Disclosure Statement by Hankin Environmental Systems, Inc. (McMackin, John)
October 31, 2023 Filing 20 ANSWER to Complaint (Notice of Removal) and Affirmative Defenses by Hankin Environmental Systems, Inc. (McMackin, John)
October 31, 2023 Filing 19 MEMORANDUM in Support re #17 MOTION to Dismiss Complaint filed by Calgon Carbon Corporation (Attachments: #1 Exhibit "1" Claim of Lien)(Alexander, Roderick)
October 31, 2023 Opinion or Order Filing 18 ORDER granting #15 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on October 31, 2023 (pl)
October 31, 2023 Filing 17 MOTION to Dismiss Complaint by Calgon Carbon Corporation (Alexander, Roderick)
October 30, 2023 Filing 16 Corporate Disclosure Statement by O'Neal Constructors, LLC (Fortenberry, Rankin)
October 30, 2023 Filing 15 MOTION for Gerald E. Burns to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5254968) by Calgon Carbon Corporation (Attachments: #1 Attachment Good Standing Certificate)(Alexander, Roderick)
October 27, 2023 Opinion or Order Filing 14 ORDER granting #13 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on October 27, 2023 (pl)
October 27, 2023 DOCKET ANNOTATION as to # 13. Attorney is advised that the Certificate of Good Standing should have been scanned in as a separate attachment to the Application, but docketed within the same docket entry. Attorney does not need to re-file, but should follow this procedure in future filings. (JCH)
October 26, 2023 Filing 13 MOTION for Gretchen L. Jankowski to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5253010) by Calgon Carbon Corporation (Alexander, Roderick)
October 18, 2023 Filing 12 MEMORANDUM IN SUPPORT re #11 MOTION to Stay Proceedings Pending Arbitration filed by O'Neal Constructors, LLC (Fortenberry, Rankin)
October 18, 2023 Filing 11 MOTION to Stay Proceedings Pending Arbitration by O'Neal Constructors, LLC (Attachments: #1 Exhibit 1. Subcontract with Hankin, #2 Exhibit 2. O'Neal's Statement of Claims, #3 Exhibit 3. O'Neal's Demand for Arbitration)(Fortenberry, Rankin)
October 18, 2023 Filing 10 NOTICE of Appearance by Rankin Sumner Fortenberry on behalf of O'Neal Constructors, LLC (Fortenberry, Rankin)
October 18, 2023 Filing 9 ANSWER to Complaint (Notice of Removal) by O'Neal Constructors, LLC (Germany, Ralph)
October 18, 2023 Opinion or Order TEXT ONLY ORDER granting #8 Motion for Extension of Time to File Answer. Counsel for Hankin Environmental Systems, Inc. has advised the Court that the motion is unopposed. Hankin Environmental Systems, Inc. answer due 10/31/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on October 18, 2023 (pl)
October 17, 2023 Filing 8 MOTION for Extension of Time to File Answer by Hankin Environmental Systems, Inc. (McMackin, John)
October 17, 2023 Opinion or Order TEXT ONLY ORDER granting #7 Unopposed Motion for Extension of Time to File Answer. Calgon Carbon Corporation answer due 10/31/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on October 17, 2023 (pl)
October 16, 2023 Filing 7 MOTION for Extension of Time to File Answer by Calgon Carbon Corporation (Alexander, Roderick)
October 13, 2023 Opinion or Order Filing 6 ORDER OF RECUSAL. District Judge Taylor B. McNeel recused. Case reassigned to District Judge Halil S. Ozerden for all further proceedings. Parties are to include the newly assigned judge initials of HSO-RPM on future filings. Signed by District Judge Taylor B. McNeel on 10/13/23. (JCH)
October 12, 2023 Filing 5 Joinder in Document by O'Neal Constructors, LLC to #1 Notice of Removal,,, filed by Hankin Environmental Systems, Inc. (Germany, Ralph)
October 12, 2023 Filing 4 NOTICE of Appearance by Ralph B. Germany, Jr on behalf of O'Neal Constructors, LLC (Germany, Ralph)
October 12, 2023 Filing 3 Joinder in Document by Calgon Carbon Corporation to #1 Notice of Removal,,, filed by Hankin Environmental Systems, Inc. (Alexander, Roderick)
October 12, 2023 Filing 2 NOTICE of Appearance by John Patrick McMackin on behalf of Hankin Environmental Systems, Inc. (McMackin, John)
October 11, 2023 Filing 1 NOTICE OF REMOVAL by Hankin Environmental Systems, Inc. from Circuit Court of Hancock County, Mississippi, case number 23-0144, jury demand lower court. (Filing fee $402.00, receipt number 5241149) 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 1 - Service Documents, #2 Exhibit 2 - State Court Record, #3 Civil Cover Sheet) (RLW)

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Plaintiff: Midstate Steel, Inc.
Represented By: Fredrick B. Feeney, II
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Defendant: Hankin Environmental Systems, Inc.
Represented By: Adam B. Harris
Represented By: John Patrick McMackin
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Defendant: Calgon Carbon Corporation
Represented By: Roderick Mark Alexander, Jr.
Represented By: Gerald E. Burns, III - PHV
Represented By: Gretchen Lee Jankowski - PHV
Represented By: Melanie B. Mitchell
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Defendant: O'Neal Constructors, LLC
Represented By: Ralph B. Germany, Jr.
Represented By: Rankin Sumner Fortenberry
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