Draper v. Roehl Transport, Inc.
| Robyn Draper |
| Roehl Transport, Inc. and Danny D. Carver, Jr. |
| 4:2021cv01513 |
| December 30, 2021 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.
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Filing 21
Docket Text ORDER: The Court orders that defendant Danny D. Carver, Jr. is dismissed without prejudice, pursuant to #19 Stipulation of Voluntary Dismissal Without Prejudice of Defendant Danny D. Carver, Jr. (Danny D. Carver, Jr. terminated) Signed by District Judge Stephen R. Clark on 2/23/22. (JAB)
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| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re 18 Docket Text Order with Schedules, by Plaintiff Robyn Draper filed by Plaintiff Robyn Draper. (Zalasky, Richard) |
| Filing 19 STIPULATION of Voluntary Dismissal Without Prejudice of Defendant Danny D. Carver, Jr. by Plaintiff Robyn Draper. (Zalasky, Richard) |
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Filing 18
Docket Text ORDER: The Court orders Plaintiff to show cause, no later than February 25, 2022, why the Court should not dismiss defendant Danny D. Carver, Jr., pursuant to Fed. R. Civ. P. 4(m), for failure to serve process. (Show Cause Response due by 2/25/2022.) Signed by District Judge Stephen R. Clark on 2/18/2022. (CBL)
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Filing 17
ORDER SETTING RULE 16 CONFERENCE. (See Full Order.) Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a scheduling conference is set for March 17, 2022 at 4:20 p.m. CT by Zoom. Conference participants will receive an email with a link to access the conference. Lead trial counsel must participate in the conference. At the conference, counsel will be expected to discuss in detail all matters covered by Rule 16 and all matters set forth in their joint proposed scheduling plan described in paragraph 3 below. A firm and realistic trial setting will be established at or shortly after the conference. (Joint Scheduling Plan due by 3/7/2022. Rule 16 Conference set for 3/17/2022 04:20 PM in Zoom Video Conference before District Judge Stephen R. Clark.) Signed by District Judge Stephen R. Clark on 2/18/2022. (CBL)
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| Filing 16 MEMORANDUM re #1 Notice of Removal Petition, #10 Scheduling Order, Supplemental Briefing and Evidence Proving by a Preponderance of the Evidence its Allegation that the Amount in Controversy Exceeds $75,000 Exclusive of Interest and Costs in Response to Court's Order of January 7, 2022 by Defendant Roehl Transport, Inc.. (Perryman, Ted) |
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Filing 15
Docket Text ORDER: The Court DENIES AS MOOT #12 Defendant's MOTION for Leave to File Discovery on Issue of Damages. Signed by District Judge Stephen R. Clark on 1/21/2022. (CBL)
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| Filing 14 STIPULATION re #12 MOTION for Leave to File Discovery on Issue of Damages and Extend Deadline to Respond to Court's Order by Plaintiff Robyn Draper. (Zalasky, Richard) |
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Filing 13
Docket Text ORDER: The Court orders Plaintiff Robyn Draper to respond no later than Friday, January 21, 2022, to Defendant's #12 Motion for Leave to File Discovery on Issue of Damages, and advise whether Plaintiff disputes that the amount in controversy exceeds $75,000. Signed by District Judge Stephen R. Clark on 1/18/2022. (CBL)
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| Filing 12 MOTION for Leave to File Discovery on Issue of Damages and Extend Deadline to Respond to Court's Order by Defendant Roehl Transport, Inc.. (Attachments: #1 Exhibit Written Discovery Requests)(Perryman, Ted) |
| Filing 11 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Roehl Transport, Inc. Sent To: State Court - Executed (Perryman, Ted) |
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Filing 10
ORDER "[A] defendant's notice of removal need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold," but when the Court "questions" a defendant's allegation, "[e]vidence establishing the amount is required by 1446(c)(2)(B)." Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 89 (2014). Here, Defendant Roehl Transport has supported its amount in controversy allegation only by noting that "Plaintiff is claiming serious injuries, medical expenses, loss of enjoyment of life, future medical [sic], pain and future pain from this accident" and by referring to Plaintiff's allegation "that she suffered injuries to her neck and body which required medical treatment, surgical treatment for herniated disc at C5-6, and future treatment, pain, disability, and lost wages." Doc. 1 at p. 2 (Notice of Removal); Doc. 1-1 at p. 16 (Petition). The Court questions whether these allegations establish jurisdiction and thus requires further proof. The Court orders Defendant Roehl Transport to file, no later than January 26, 2022, supplemental briefing and evidence proving by a preponderance of the evidence its allegation that the amount in controversy exceeds $75,000 exclusive of interest and costs. See Dark Cherokee, 574 U.S. at 8889. Local Rule 4.01 governs the time for response and reply. (Response to Court due by 1/26/2022.) Signed by District Judge Stephen R. Clark on 1/7/2022. (KXS)
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| Filing 9 ANSWER to Complaint by Roehl Transport, Inc..(Perryman, Ted) |
| Filing 8 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Roehl Transport, Inc.. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Perryman, Ted) |
| Filing 7 Petition (Removal/Transfer) Received From: Circuit Court, St. Louis County Missouri, filed by Robyn Draper.(BAK) |
| Filing 6 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Roehl Transport, Inc. Sent To: Plaintiff (Perryman, Ted) |
| Filing 5 STIPULATION For Removal by Defendant Roehl Transport, Inc.. (Perryman, Ted) |
| Filing 4 DEMAND for Trial by Jury by Defendant Roehl Transport, Inc.. (Perryman, Ted) |
| Filing 3 ENTRY of Appearance by Korissa M. Zickrick for Defendant Roehl Transport, Inc.. (Zickrick, Korissa) |
| Filing 2 ENTRY of Appearance by Ted L. Perryman for Defendant Roehl Transport, Inc.. (Perryman, Ted) |
| Filing 1 NOTICE OF REMOVAL from St. Louis County Circuit Court, case number 21SL-CC05383, with receipt number AMOEDC-9051105, in the amount of $402 Jury Demand,, filed by Roehl Transport, Inc.. (Attachments: #1 Exhibit A -Pleadings From State Court, #2 Civil Cover Sheet )(Perryman, Ted) (Additional attachment(s) added on 12/30/2021: #3 Original Filing Form) (BAK). |
| Case Opening Notification. Judge Assigned: U.S. District Judge Stephen R. Clark. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (BAK) |
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