Barron et al v. Overnight Parts Alliance, LLC et al
Plaintiff: Juan Diego Martinez Hernandez, Graciela Felipa Hernandes Barron, Rosaura Martinez Hernandez, Esmeraldo Martinez Hernandez and Gustavo Martinez Hernandez
Defendant: Steven McKinney Individually doing business as Overnight Parts Alliance, LLC, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC and Overnight Parts Alliance, LLC
Case Number: 3:2020cv00540
Filed: August 17, 2020
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Linda R Anderson
Referring Judge: Tom S Lee
2 Judge: Robert P Myers
3 Judge: Carlton W Reeves
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2020 Filing 13 Rule 16(a) Initial Order Telephonic Case Management Conference set for 11/17/2020 10:00 AM before Magistrate Judge Robert P. Myers Jr. (SR)
October 9, 2020 Opinion or Order TEXT ONLY ORDER LIFTING #8 STAY OF PROCEEDINGS. Order denying motion to remand entered 10/8/2020. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on 10/9/2020 (SR)
October 8, 2020 Opinion or Order Filing 12 Memorandum Opinion and Order denying #6 MOTION to Remand to State Court ; dismissing Penske Truck Leasing Co. (Penske Truck Leasing Co., L.P. terminated.) Signed by District Judge Tom S. Lee on 10/8/20 (LWE)
September 21, 2020 Filing 11 Rebuttal re #7 Memorandum in Support of Motion, #6 MOTION to Remand to State Court , #9 Response in Opposition to Motion, #10 Memorandum in Opposition to Motion filed by Graciela Felipa Hernandes Barron, Esmeraldo Martinez Hernandez, Gustavo Martinez Hernandez, Juan Diego Martinez Hernandez, Rosaura Martinez Hernandez (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Stevens, John)
September 11, 2020 Filing 10 MEMORANDUM in Opposition re #6 MOTION to Remand to State Court filed by Steven McKinney, Overnight Parts Alliance, LLC, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC (Ellingburg, C.)
September 11, 2020 Filing 9 RESPONSE in Opposition re #6 MOTION to Remand to State Court filed by Steven McKinney, Overnight Parts Alliance, LLC, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC (Attachments: #1 Affidavit Ex B Windham Affidavit, #2 Affidavit Ex C Hansen Affidavit)(Ellingburg, C.)
August 31, 2020 Opinion or Order Filing 8 ORDER STAYING PROCEEDINGS Signed by Magistrate Judge Robert P. Myers, Jr on 8/31/2020. (SR)
August 31, 2020 Opinion or Order TEXT ONLY ORDER Cancelling Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/1/2020 10:00 AM before Magistrate Judge Robert P. Myers Jr. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on 8/31/2020 (SR)
August 28, 2020 Filing 7 MEMORANDUM in Support re #6 MOTION to Remand to State Court filed by Graciela Felipa Hernandes Barron (Stevens, John)
August 28, 2020 Filing 6 MOTION to Remand to State Court by Graciela Felipa Hernandes Barron (Stevens, John)
August 26, 2020 Filing 5 Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/1/2020 10:00 AM before Magistrate Judge Robert P. Myers Jr. (SR)
August 24, 2020 Filing 4 ANSWER to Complaint (Notice of Removal) by Steven McKinney, Overnight Parts Alliance, LLC, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC (Ellingburg, C.)
August 21, 2020 Opinion or Order TEXT ONLY ORDER Cancelling Rule 16(a) Initial Order Telephonic Case Management Conference set for 9/30/2020 10:30 AM before Magistrate Judge Linda R. Anderson. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on 8/21/2020 (SR)
August 20, 2020 Opinion or Order Filing 3 ORDER REASSIGNING CASE. Case reassigned to District Judge Tom S. Lee and Magistrate Judge Robert P. Myers, Jr for all further proceedings. District Judge Carlton W. Reeves, Magistrate Judge Linda R. Anderson no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 8/20/20 (MGB)
August 19, 2020 Filing 2 Rule 16(a) Initial Order Telephonic Case Management Conference set for 9/30/2020 10:30 AM before Magistrate Judge Linda R. Anderson. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to anderson_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall initiate the conference call; and once all parties are on the line, contact the Court at 601-608-4440. (Lewis, Nijah)
August 17, 2020 Filing 1 NOTICE OF REMOVAL with JURY DEMAND by Steven McKinney, Overnight Parts Alliance, LLC, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC from Kemper County Circuit Court, MS, case number 2020-cv-47 WR. ( Filing fee $ 400 receipt number 34643060514) 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 Exhibit B- Affidavit of Marvin S. Windham, #3 Exhibit C- Affidavit of Kresten Hansen II, #4 Civil Cover Sheet)(LAT)

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Search for this case: Barron et al v. Overnight Parts Alliance, LLC et al
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Defendant: Steven McKinney Individually doing business as Overnight Parts Alliance, LLC
Represented By: C. Michael Ellingburg
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Defendant: Penske Truck Leasing Co., L.P.
Represented By: C. Michael Ellingburg
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Defendant: Wholesale Parts Alliance, LLC
Represented By: C. Michael Ellingburg
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Defendant: Overnight Parts Alliance, LLC
Represented By: C. Michael Ellingburg
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Plaintiff: Juan Diego Martinez Hernandez
Represented By: John Hunter Stevens
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Plaintiff: Graciela Felipa Hernandes Barron
Represented By: John Hunter Stevens
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Plaintiff: Rosaura Martinez Hernandez
Represented By: John Hunter Stevens
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Plaintiff: Esmeraldo Martinez Hernandez
Represented By: John Hunter Stevens
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Plaintiff: Gustavo Martinez Hernandez
Represented By: John Hunter Stevens
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