Evans v. Novus International, Inc.
Plaintiff: Tim Evans
Defendant: Novus International, Inc.
Case Number: 4:2023cv00910
Filed: July 17, 2023
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Matthew T Schelp
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Employment Discrimination
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2023 Opinion or Order Filing 30 Docket Text ORDER: IT IS HEREBY ORDERED that the Rule 16 Conference set for August 28, 2023 is VACATED. Signed by District Judge Matthew T. Schelp on 8/22/2023. (TMT)
August 22, 2023 Opinion or Order Filing 29 ORDER: IT IS HEREBY ORDERED that the Motion to Compel Arbitration and to Stay this Matter Pending Arbitration Under the Federal Arbitration Act, Doc. #28 , is GRANTED, and this case is STAYED pending completion of the arbitration. IT IS FURTHER ORDERED that the parties shall provide a joint status report regarding the progress of arbitration proceedings by December 6, 2023. IT IS FURTHER ORDERED that the Clerk of Court shall administratively close this case. The parties must continue to comply with all orders of the Court, provide status updates to the Court, and promptly notify the Court of any development that may affect the stay of this case. IT IS FINALLY ORDERED that Defendant shall file a notice with the Court within ten (10) days of the conclusion of the arbitration. After the conclusion of the arbitration, if either party wishes to reopen this case, the party may file a motion within thirty (30) days of the conclusion of arbitration. (Status Report due by 12/6/2023.) Signed by District Judge Matthew T. Schelp on 8/22/2023. (TMT)
August 21, 2023 Filing 28 Consent MOTION to Compel Arbitration and to Stay this Matter Pending Arbitration Under the Federal Arbitration Act by Defendant Novus International, Inc.. (LeMoine, Bryan)
August 10, 2023 Opinion or Order Filing 27 Docket Text ORDER: IT IS HEREBY ORDERED that the Rule 16 Conference is RESET for August 28, 2023 at 2:30 p.m. via Zoom Video Conference. ( Rule 16 Conference set for 8/28/2023 02:30 PM in Zoom Video Conference before District Judge Matthew T. Schelp) Signed by District Judge Matthew T. Schelp on 08/10/2023. (KCD)
August 10, 2023 Opinion or Order Filing 26 Docket Text ORDER Re: #25 Consent Motion for Extension of Time to File Answer or other Responsive Pleading; Extension to file the following: Answer or Otherwise Respond to Complaint; Proposed extension date August 21, 2023 by Defendant Novus International, In; ORDERED GRANTED (Novus International, Inc. answer due 8/21/2023). Signed by District Judge Matthew T. Schelp on 08/10/2023. (KCD)
August 9, 2023 Filing 25 Consent MOTION for Extension of Time to File Answer or other Responsive Pleading ;Extension to file the following: Answer or Otherwise Respond to Complaint ;Proposed extension date August 21, 2023 by Defendant Novus International, Inc.. (LeMoine, Bryan)
August 7, 2023 Filing 24 DISCLOSURE STATEMENT by Tim Evans. No corporate parents or affiliates identified. (Parker, Mark)
August 7, 2023 Opinion or Order Filing 23 RULE 16 ORDER: This case is assigned to Track: 2 (Standard). Joint Scheduling Plan due by 8/25/2023. Rule 16 Conference set for 8/29/2023 02:00 PM in Zoom Video Conference before District Judge Matthew T. Schelp. Signed by District Judge Matthew T. Schelp on August 7, 2023. (BRP)
July 26, 2023 Filing 22 Electronic Notice re: Disclosure Statement to Plaintiff Tim Evans - SECOND NOTICE. 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 and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (TMT)
July 25, 2023 Filing 21 (Duplicate) DISCLOSURE STATEMENT by Novus International, Inc., Mitsui & Company (U.S.A), Inc., MBK USA Holdings, Inc., Nippon Soda Co. LTD, Mitsui & Co. LTD.. (LeMoine, Bryan) Modified on 7/26/2023 (CBL).
July 25, 2023 Filing 20 AMENDED DISCLOSURE STATEMENT by Novus International, Inc., Mitsui & Company (U.S.A), Inc., MBK USA Holdings, Inc., Nippon Soda Co. LTD, Mitsui & Co. LTD.. (LeMoine, Bryan) Modified on 7/26/2023 (CBL).
July 25, 2023 Filing 19 NOTICE of Filing Deficiency re #17 Disclosure Statement filed by Defendant Novus International, Inc.. 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: Party filed the Disclosure Statement but failed to enter the individuals/entities into CM/ECF as required. The Disclosure Statement must be refiled and these individuals/entities must be added into CM/ECF where prompted. (CBL)
July 24, 2023 Filing 18 AMENDED NOTICE OF REMOVAL from 13th Judicial District Court of Yellowstone County, Montana, case number DV-56-2022-0001143-WS, Jury Demand,, filed by Novus International, Inc.. (Attachments: #1 Exhibit A - Complaint and Jury Demand, #2 Exhibit B - Declaration of JoAnne Noel, #3 Exhibit C - Declaration of Samantha Stephens)(LeMoine, Bryan) Modified on 7/25/2023 (TMT).
July 24, 2023 Filing 17 DISCLOSURE STATEMENT by Novus International, Inc.. No corporate parents or affiliates identified. (LeMoine, Bryan)
July 24, 2023 Filing 16 ENTRY of Appearance by Bryan D. LeMoine for Defendant Novus International, Inc.. (LeMoine, Bryan)
July 18, 2023 Opinion or Order Filing 15 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant shall file an Amended Notice of Removal by Monday, July 24, 2023. (Amended/Supplemental Pleadings due by 7/24/2023.) Signed by District Judge Matthew T. Schelp on 7/18/2023. (TMT)
July 18, 2023 Filing 14 Electronic Notice re: Disclosure Statement to Plaintiff Tim Evans. 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 and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (TMT)
July 17, 2023 Filing 13 Case transferred in from District of Montana; Case Number 1:23-cv-00028. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically.
July 17, 2023 Opinion or Order Filing 12 ORDER granting in part and denying in part #6 Motion to Dismiss or Alternatively to Transfer. This action shall be transferred to the Eastern District of Missouri. Signed by Magistrate Judge Timothy J. Cavan on 7/17/2023. (JDH)
July 17, 2023 Case Opening Notification. Judge Assigned: Honorable Matthew T. Schelp. 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). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JWD)
April 24, 2023 Filing 11 REPLY to Response to Motion re #6 MOTION to Dismiss or Alternatively MOTION to Transfer to United States District Court for the Eastern District of Missouri, Eastern Division filed by Novus International, Inc.. (Smith, Leonard)
April 13, 2023 Opinion or Order Filing 10 Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Susan P. Watters. The case remains REFERRED to the Honorable Timothy J. Cavan. Signed by Judge Susan P. Watters on 4/13/2023. (JLE)
April 10, 2023 Filing 9 RESPONSE to Motion re #6 MOTION to Dismiss or Alternatively MOTION to Transfer to United States District Court for the Eastern District of Missouri, Eastern Division filed by Tim Evans. (Parker, Mark)
March 27, 2023 Filing 8 AFFIDAVIT in Support re #6 MOTION to Dismiss or Alternatively MOTION to Transfer to United States District Court for the Eastern District of Missouri, Eastern Division filed by Novus International, Inc.. (Attachments: #1 Employment, Confidentiality and Noncompete Agreement) (Smith, Leonard)
March 27, 2023 Filing 7 Brief/Memorandum in Support re #6 MOTION to Dismiss or Alternatively MOTION to Transfer to United States District Court for the Eastern District of Missouri, Eastern Division filed by Novus International, Inc.. (Smith, Leonard)
March 27, 2023 Filing 6 MOTION to Dismiss or Alternatively, MOTION to Transfer to United States District Court for the Eastern District of Missouri, Eastern Division Leonard H. Smith appearing for Defendant Novus International, Inc. Motions referred to Timothy J. Cavan. (Smith, Leonard)
March 24, 2023 Filing 5 Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 4/7/2023. (JLE)
March 21, 2023 Filing 4 COMPLAINT filed in MT 13th Judicial District Court against Novus International, Inc., filed by Tim Evans. (JLE)
March 21, 2023 Filing 3 NOTICE OF STATE COURT FILE RECEIVED ( from MT 13th Judicial District Court of Yellowstone Co., case number DV-56-22-1143.) (Attachments: #1 State Court File, #2 File Receipt) (JLE)
March 20, 2023 Filing 2 Corporate Disclosure Statement by Novus International, Inc.. (Smith, Leonard)
March 20, 2023 Filing 1 NOTICE OF REMOVAL by Novus International, Inc. from MT 13th Judicial District Court of Yellowstone Co., case number DV-56-22-1143, filed by Novus International, Inc. (Attachments: #1 Exhibit A - State Court Complaint, Summons & Service Documents, #2 Exhibit B - Affidavit of Samantha Stephens, #3 Civil Cover Sheet) (JLE)
March 20, 2023 Filing fee: $ 402.00, receipt number AMTDC-3039372. (PAID IN SHELL CASE) (JLE)

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Plaintiff: Tim Evans
Represented By: Mark D. Parker
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Defendant: Novus International, Inc.
Represented By: Leonard H. Smith
Represented By: Bryan D. LeMoine
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