McLeod v. Rexon Industrial Corporation Limited et al
| Joe McLeod |
| John Does 1-5, Sears Authorized Hometown Store #4787, Sears Authorized Hometown Stores, LLC, Power Tool Specialists, Inc., Byram Tools and More, LLC, CPR Properties, LLC and Rexon Industrial Corporation Limited |
| 3:2019cv00060 |
| January 22, 2019 |
| US District Court for the Southern District of Mississippi |
| F Keith Ball |
| Carlton W Reeves |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 39 Remark:: At the request of counsel, the attached correspondence was included in the transmission by FedEx of the summons #37 as well as a copy of the state court complaint, all done as noted in #38 .(ASJ) |
| Filing 38 This summons #37 was issued at the request of counsel pursuant to Rule 4(f)(2)(C)(ii). The clerk has addressed and sent the same to the party defendant listed thereon via FedEx delivery, signed receipt requested. Correspondence of counsel and a copy of the FedEx air bill are attached. (MGB) |
| Filing 37 Summons Issued as to Rexon Industrial Corporation Limited. (MGB) |
| Filing 36 NOTICE of Appearance by Glen Austin Stewart on behalf of Sears Authorized Hometown Stores, LLC (Stewart, Glen) |
| Filing 35 REPLY to Response to Motion re #28 MOTION for Discovery Related to Personal Jurisdiction filed by Joe McLeod (Montgomery, William) |
| Filing 34 Rebuttal re #26 Response in Opposition to Motion, to Dismiss for improper service and lack of personal jurisdiction filed by Rexon Industrial Corporation Limited, re #10 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Insufficient Service of Process (Schuster - PHV, Richard) Modified on 2/25/2019 (LAT). |
| Filing 33 Rebuttal re #24 Response in Opposition to Motion, to Dismiss for Lack of Personal Jurisdiction,re #8 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim filed by Power Tool Specialists, Inc. (Schuster - PHV, Richard) Modified on 2/25/2019 (LAT). |
| Filing 32 MEMORANDUM IN SUPPORT re #31 Response in Opposition to Motion, For Jurisdictional Discovery, re #28 MOTION for Discovery Related to Personal Jurisdiction filed by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Schuster - PHV, Richard) Modified on 2/25/2019 (LAT). |
| Filing 31 RESPONSE in Opposition re #28 MOTION for Discovery Related to Personal Jurisdiction filed by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Attachments: #1 Exhibit A- Declaration of Jeff Chen, #2 Exhibit B - Declaration of Ray Holbrook)(Schuster - PHV, Richard) |
| DOCKET ANNOTATION as to #32 , #33 and #34 : Incorrect linkage made. #32 MEMORANDUM IN SUPPORT should be linked to #28 MOTION for Discovery Related to Personal Jurisdiction. #33 Rebuttal should be linked to #8 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim. #34 Rebuttal should be linked to #10 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Insufficient Service of Process. 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. (LAT) |
| Filing 30 REPLY to Response to Motion re #12 MOTION to Remand to State Court filed by Joe McLeod (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Affidavit of Linda Bessonette, #3 Exhibit C: Sales Receipt for Saw, #4 Exhibit D :Recall Notice, #5 Exhibit E: BTM/Sears Online Statement)(Montgomery, William) |
| Filing 29 MEMORANDUM IN SUPPORT re #28 MOTION for Discovery Related to Personal Jurisdiction filed by Joe McLeod (Montgomery, William) |
| Filing 28 MOTION for Discovery Related to Personal Jurisdiction by Joe McLeod (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: Picture of Saw, #3 Exhibit C: Sales Receipt for Saw, #4 Exhibit D: Recall Notice, #5 Exhibit E: Sears Information, #6 Exhibit F: Proposed Discovery to Rexon, #7 Exhibit G: Proposed Discovery to PTSI)(Montgomery, William) |
| Filing 27 MEMORANDUM IN SUPPORT re #26 Response in Opposition to Motion, filed by Joe McLeod (Montgomery, William) |
| Filing 26 RESPONSE in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process filed by Joe McLeod (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: Picture of Saw, #3 Exhibit C: Sales Receipt for Saw, #4 Exhibit D: Recall Notice, #5 Exhibit E: Sears Information, #6 Exhibit F: Fed Ex Tracking Receipt and Rexon Contact Info)(Montgomery, William) |
| Filing 25 MEMORANDUM IN SUPPORT re #24 Response in Opposition to Motion, filed by Joe McLeod (Montgomery, William) |
| Filing 24 RESPONSE in Opposition re #8 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Joe McLeod (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: Picture of Saw, #3 Exhibit C: Sales Receipt for Saw, #4 Exhibit D: Recall Notice, #5 Exhibit E: Sears Information)(Montgomery, William) |
TEXT-ONLY ORDER granting #23 Unopposed Motion for Extensions of Time to File Responses/Reply. Signed by District Judge Carlton W. Reeves on 2/13/2019. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, #21 Response in Opposition to Motion, #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process by Joe McLeod (Montgomery, William) |
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TEXT-ONLY ORDER granting #19 Motion to Appear Pro Hac Vice; granting #20 Motion to Appear Pro Hac Vice. That Richard A. Schuster and Ryan L. Woody be admitted pro hac vice in this case on behalf of Defendant Rexon Industrial Corporation Limited, et al. in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 2/12/2019. (JEJ)
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| Filing 22 RESPONSE to Motion re #17 MOTION to Stay Proceedings re Briefing of [Docs. 8 and 10] filed by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Watson, Craig) |
| Filing 21 RESPONSE in Opposition re #12 MOTION to Remand to State Court filed by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Watson, Craig) |
| Filing 20 MOTION for Ryan L. Woody to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3913396) by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Attachments: #1 Exhibit A)(Watson, Craig) |
| Filing 19 MOTION for Richard A. Schuster to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3913383) by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Attachments: #1 Exhibit A)(Watson, Craig) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Stay Proceedings re Briefing of [Docs. 8 and 10] filed by Joe McLeod (Montgomery, William) |
| Filing 17 MOTION to Stay Proceedings re Briefing of [Docs. 8 and 10] by Joe McLeod (Montgomery, William) |
| Filing 16 ATTACHMENT re #1 Notice of Removal,,,, Affidavit of Keshia L. Rodriguez for Sears Authorized Hometown Stores, LLC by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Watson, Craig) |
| Filing 15 ATTACHMENT re #1 Notice of Removal,,,, Affidavit of Reggie Allen for Byram Tools and More, LLC and CPR Properties, LLC by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Watson, Craig) |
| Filing 14 ATTACHMENT re #1 Notice of Removal,,,, Certified State Court Record by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Watson, Craig) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Remand to State Court filed by Joe McLeod (Montgomery, William) |
| Filing 12 MOTION to Remand to State Court by Joe McLeod (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: Returned Summons on BTM)(Montgomery, William) |
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TEXT-ONLY ORDER STAYING DISCOVERY pursuant to L.U.Civ.R. 16(b)(3)(B) pending a decision on the Motion to Dismiss for Lack of Jurisdiction at docket nos. [8, 10]. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 1/31/2019. (JEJ)
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| Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Insufficient Service of Process filed by Rexon Industrial Corporation Limited (Watson, Craig) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Insufficient Service of Process by Rexon Industrial Corporation Limited (Attachments: #1 Exhibit A, #2 Exhibit B)(Watson, Craig) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Power Tool Specialists, Inc. (Watson, Craig) |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Power Tool Specialists, Inc. (Attachments: #1 Exhibit A)(Watson, Craig) |
| Filing 7 Corporate Disclosure Statement by Power Tool Specialists, Inc. identifying Corporate Parent Rexon Industrial Corporation Limited for Power Tool Specialists, Inc.. (Watson, Craig) |
| Filing 6 Corporate Disclosure Statement by Rexon Industrial Corporation Limited (Watson, Craig) |
| Filing 5 Joinder in Document by Byram Tools and More, LLC (Weems, M.) |
| Filing 4 Joinder in Document by CPR Properties, LLC (Weems, M.) |
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Filing 3
ORDER on Subject Matter Jurisdiction. Signed by District Judge Carlton W. Reeves on 1/23/2019. (AC)
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| Filing 2 Joinder in Document by Sears Authorized Hometown Stores, LLC to #1 Notice of Removal, filed by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited (Dowd, Matthew) |
| Filing 1 NOTICE OF REMOVAL by Power Tool Specialists, Inc., Rexon Industrial Corporation Limited from Hinds County Circuit Court, Mississippi, case number 18-695. ( Filing fee $ 400 receipt number 0538-3898848) 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- State Court Docket Report, #2 Exhibit 2- Affidavit of Reggie Allen, #3 Exhibit 3- Affidavit of Linda Bessonette, #4 Exhibit 4- Email Correspondence, #5 Exhibit 5- Email Correspondence, #6 Exhibit 6- Notice of Removal of Civil Action to Federal Court, #7 Exhibit 7- State Court Complaint, #8 Attachment - Summons Power Tool Specialists, Inc., #9 Attachment - Summons Rexon Industrial Corporation Limited, #10 Civil Cover Sheet)(LAT) |
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