Oler et al v. Club Demonstration Services, Inc. et al
| A.O., Ayla Oler and Alexander Oler |
| Daymon Worldwide, Inc. and Club Demonstration Services, Inc. |
| 4:2018cv02145 |
| December 27, 2018 |
| US District Court for the Eastern District of Missouri |
| Patricia L Cohen |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 21, 2019. A more recent docket listing may be available from PACER.
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| Filing 23 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge Patricia L. Cohen: Rule 16 Conference held on 2/21/2019. Conference held in person. CMO to issue. (proceedings started: 10:00) (proceedings ended: 10:27)(Appearance for Plaintiff: Hardy Menees and Robert Menees)(Appearance for Defendant: Scott Harper) (MCB) |
Filing 22
ORDER - IT IS HEREBY ORDERED that Defendant CDS's motion to dismiss without prejudice its "Cross-claim for Assessment of Fault" in its Amended answer [ECF No. 20] is GRANTED. IT IS FURTHER ORDERED that Defendant CDS's "Cross-claim for Assessment of Fault" is DISMISSED without prejudice. Signed by Magistrate Judge Patricia L. Cohen on February 20, 2019. (MCB)
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| Filing 21 JOINT SCHEDULING PLAN by Defendant Club Demonstration Services, Inc.. . (Harper, Scott) |
| Filing 20 RESPONSE TO COURT ORDER OF JANUARY 25, 2019 and MOTION TO STRIKE by Defendant Club Demonstration Services, Inc.. (Harper, Scott) |
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Filing 19
PARTIAL DISMISSAL ORDER: IT IS HEREBY ORDERED that the parties' stipulation of voluntary dismissal [ECF No. #17 ] is GRANTED so that the complaint against Daymon and the "crossclaim" filed by Daymon are DISMISSED without prejudice. IT IS FURTHER ORDERED that Daymon's motion to dismiss [ECF No. #10 ] is DENIED without prejudice as moot. Signed by Magistrate Judge Patricia L. Cohen on 2/6/19. (EAB)
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| Filing 18 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Club Demonstration Services, Inc.. Parent companies: Daymon Worldwide Inc., Subsidiaries: None, Publicly held company: None,. (Harper, Scott) |
| Filing 17 STIPULATION of Voluntary Dismissal of Defendant Daymon Worldwide, Inc. by Plaintiffs A.O., Alexander Oler, Ayla Oler, Cross Defendants A.O., Ayla Oler. (Menees, Hardy) |
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Filing 16
ORDER. (See Full Order.) IT IS HEREBY ORDERED that Defendants' unopposed request for extension of time to plead #7 and CDS's motion for leave to amend answer #13 are GRANTED. IT IS FURTHER ORDERED that, no later than February 1, 2019, the parties shall jointly file any material necessary fully to dispose of the issues in this case with respect to Daymon if the parties agree Daymon should be dismissed from this lawsuit. If the parties do not agree that Daymon should be dismissed from this lawsuit, then IT IS FURTHER ORDERED that, no later than February 8, 2019, Daymon shall file a memorandum of citations and argument, and any related evidentiary material, supporting its motion to dismiss. IT IS FURTHER ORDERED that, no later than February 15, 2019, Plaintiffs and CDS shall file any memorandum and evidentiary material supporting their position(s) opposing Daymons motion to dismiss. If material in opposition to the motion to dismiss is filed, thenIT IS FURTHER ORDERED that Daymon shall file any reply brief no later than noon on February 20, 2019.IT IS FURTHER ORDERED that, no later than February 8, 2019, CDS shall file a memorandum, setting forth argument and citations supporting its position on whether it needs to pursue its position regarding the fault of Plaintiff A.O. and his next friend through a pleading; and, if so, whether its crossclaim for assessment of fault is the proper vehicle for pursuing its position regarding those Plaintiffs' fault. IT IS FINALLY ORDERED that, immediately following the Rule 16 Conference scheduled to begin at 10:00 a.m. on February 21, 2019, the Court shall hear oral argument on Daymon's motion to dismiss, if it remains pending at that time. Signed by Magistrate Judge Patricia L. Cohen on 1/25/2019. (CBL)
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Filing 15
ORDER. (See Full Order.) IT IS HEREBY ORDERED that Ayla Oler's motion #2 is GRANTED so that Ayla Oler is appointed as NEXT FRIEND for her son A.O. to pursue this lawsuit. Signed by Magistrate Judge Patricia L. Cohen on 1/24/2019. (CBL)
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| Filing 14 AMENDED ANSWER to #9 Answer to Complaint, Crossclaim amended form filer filed by Club Demonstration Services, Inc. filed by Defendant Club Demonstration Services, Inc.. (Harper, Scott) |
| Filing 13 MOTION for Leave to Amend Answer by Defendant Club Demonstration Services, Inc.. (Harper, Scott) |
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Filing 12
ORDER SETTING RULE 16 CONFERENCE. (See Full Order.) This case is assigned to Track: 2 (Standard). Joint Scheduling Plan due by 2/14/2019. Rule 16 Conference set for 2/21/2019 10:00 AM in Courtroom 9N before Magistrate Judge Patricia L. Cohen. Signed by Magistrate Judge Patricia L. Cohen on 1/24/2019. (CBL)
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| Filing 11 FULL CONSENT has been received by Plaintiffs A.O., Alexander Oler, Ayla Oler, Defendants Club Demonstration Services, Inc., Daymon Worldwide, Inc. (EAB) |
| Filing 10 MOTION to Dismiss Party by Defendant Daymon Worldwide, Inc.. (Harper, Scott) |
| Filing 9 ANSWER to #1 Complaint, , CROSSCLAIM For Assessment of Fault against defendant A.O., Ayla Oler by Club Demonstration Services, Inc..(Harper, Scott) |
| Filing 8 ENTRY of Appearance by Lee John Karge for Defendants Club Demonstration Services, Inc., Daymon Worldwide, Inc.. (Karge, Lee) |
| Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, by Defendants Club Demonstration Services, Inc., Daymon Worldwide, Inc.. (Harper, Scott) |
| Filing 6 ENTRY of Appearance by Scott C. Harper for Defendants Club Demonstration Services, Inc., Daymon Worldwide, Inc.. (Harper, Scott) |
| Filing 5 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) |
| Filing 4 NOTICE OF PROCESS SERVER by Plaintiffs A.O., Alexander Oler, Ayla Oler Process Server: Scott Farley (BAK) |
| Filing 3 ENTRY of Appearance by Hardy C. Menees for Plaintiffs A.O., Alexander Oler, Ayla Oler. (Menees, Hardy) |
| Filing 2 MOTION for Appointment of Next Friend as to A.O ; relationship to minor:Mother by Plaintiffs A.O., Alexander Oler, Ayla Oler. (Menees, Robert) |
| Filing 1 COMPLAINT against defendant Club Demonstration Services, Inc., Daymon Worldwide, Inc. with receipt number 0865-6945818, in the amount of $400 Jury Demand,, filed by Ayla Oler, A.O., Alexander Oler. (Attachments: #1 Original Filing Form, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Notice of Intent to Use Process Server)(Menees, Robert) |
| Case Opening Notification: 2 Summons(es) issued. The summons were emailed to attorney Robert Hardesty Menees. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. Magistrate Judge Patricia L. Cohen. (BAK) |
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