Dick et al v. Discount Auto Parts, LLC et al
| Patrick Dick and Advance Stores Company, Inc. |
| Discount Auto Parts, LLC, SMS Assist, LLC, Advance Stores Company Incorporated doing business as Advance Auto Parts, NS Retail Holdings, LLC and SMS Assist, L.L.C. |
| 4:2023cv00494 |
| April 18, 2023 |
| US District Court for the Eastern District of Missouri |
| Sarah E Pitlyk |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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| Filing 13 MEMORANDUM by Plaintiff Patrick Dick. (Attachments: #1 Exhibit Exhibit A - Docket Sheet, #2 Exhibit Exhibit B - Return Summons on NS Retail Holdings, LLC)(Wallis, Marc) |
Filing 12
Docket Text ORDER: Plaintiff has filed a motion for an extension of time to respond and/or object to Defendants' propounded interrogatories and requests for production of documents. See Doc. [ #10 ]. Federal Rule of Civil Procedure 29 permits the parties to amend those discovery deadlines by stipulation and without Court intervention. If there is a dispute related to a deadline that cannot be resolved by stipulation, the parties must meet and confer pursuant to Eastern District of Missouri Local Rule 3.04 before seeking relief from the Court. Additional processes for resolution of discovery issues will be discussed at the Rule 16 Conference in this matter, which is hereby set for July 5, 2023, at 1:00 p.m. over Zoom. Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion, Doc. [ #10 ], is DENIED without prejudice. Signed by District Judge Sarah E. Pitlyk on 5/25/2023. (NEP)
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Filing 11
RULE 16 ORDER This case is assigned to Track: 2 Joint Scheduling Plan due by 6/26/2023. Rule 16 Conference set for 7/5/2023 01:00 PM in Zoom Video Conference before District Judge Sarah E. Pitlyk. [Parties will receive a separate email with the zoom information.] Signed by District Judge Sarah E. Pitlyk on 5/25/2023. (NEP)
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| Filing 10 MOTION for Extension of Time to Complete Discovery by Plaintiff Patrick Dick. (Attachments: #1 Exhibit Exhibit A Email Consent, #2 Text of Proposed Order Proposed Consent Order)(Wallis, Marc) |
| Filing 9 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Advance Stores Company Incorporated, Discount Auto Parts, LLC, SMS Assist, L.L.C. Proof of Service Sent To: Plaintiff (Godfrey, James) |
| Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD) |
| Filing 8 NOTICE of Filing Deficiency. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Original Filing Form, Disclosure Statements not filed, Proof of Service on All Adverse Parties (the Notice of Filing Notice of Removal to Plaintiff) not filed, State Court docket sheet not filed. This deficiency must be filed in the case record immediately. (JKL) |
| Filing 7 NOTICE of Filing Notice of Removal filed by Advance Stores Company Incorporated, SMS Assist, L.L.C., Discount Auto Parts, LLC. Sent to: State Court - Unexecuted. (Attachments: #1 Original Filing Form Original Filing Form, #2 Exhibit State Court Docket Sheet)(Godfrey, James) Modified on 4/20/2023 to correct docketing event used (JWD). |
| Filing 6 ANSWER to Complaint by Advance Stores Company Incorporated.(Godfrey, James) |
| Filing 5 Petition (Removal/Transfer) Received From: Circuit Court of St. Louis County, filed by Patrick Dick.(JKL) |
| Filing 4 ENTRY of Appearance by James E. Godfrey, Jr for Defendants Discount Auto Parts, LLC, SMS Assist, LLC. (Godfrey, James) |
| Filing 3 ANSWER to Complaint by SMS Assist, LLC.(Godfrey, James) |
| Filing 2 ANSWER to Complaint by Discount Auto Parts, LLC, SMS Assist, LLC.(Godfrey, James) |
| Filing 1 NOTICE OF REMOVAL from St. Louis County, case number 23SL-CC01024, with receipt number AMOEDC-9902237, in the amount of $402 Jury Demand,, filed by SMS Assist, LLC, Discount Auto Parts, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet)(Godfrey, James) (Main Document 1 replaced on 4/24/2023) (KEK). |
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