Cunningham et al v. Napleton Mid Rivers Imports et al
| Darwin Cunningham and Justin Norvell |
| Napleton Mid Rivers Imports, Inc. doing business as Napleton Mid Rivers Kia and Napleton Automotive Group |
| 4:2024cv00064 |
| January 11, 2024 |
| US District Court for the Eastern District of Missouri |
| Joseph S Dueker |
| Matthew T Schelp |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ORDER: IT IS HEREBY ORDERED that this matter shall be submitted to arbitration. The matter shall be STAYED pending the arbitrator's decision. Within thirty (30) days of the arbitrator's decision, or of a settlement of this matter, the parties shall file appropriate dismissal papers, or shall submit any petition to confirm, enforce, correct, or vacate the arbitrator's decision under the Federal Arbitration Act, 9 U.S.C. 911. IT IS FURTHER ORDERED that Defendants' Motion to Compel Arbitration, Doc. #12 , is DENIED without prejudice as moot. Signed by District Judge Matthew T. Schelp on 2/21/2024. (TMT)
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| Filing 24 STIPULATION TO SUBMIT CASE TO ARBITRATION AND JOINT MOTION TO STAY PENDING ARBITRATION by Defendants Napleton Automotive Group, Napleton Mid Rivers Imports, Inc. (Attachments: #1 Exhibit A - Cunningham arbitration agreement, #2 Exhibit B - Norvell arbitration agreement)(Sobaski, Lauren) Modified on 2/21/2024 (TMT). |
| Filing 23 NOTICE Defendants Suggestions in Opposition of Plaintiffs Motion for a Jury Trial: by Defendants Napleton Automotive Group, Napleton Mid Rivers Imports, Inc. re #16 Jury Demand (Sobaski, Lauren) |
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Filing 22
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Extension of Time, Doc. #17 , is GRANTED in that Plaintiffs shall have through March 04, 2024, to respond to Defendants' Motion to Compel Arbitration and to Dismiss Plaintiffs' Petition, or, in the Alternative, to Stay this Action. The Motion is DENIED in all other respects. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to Conduct Discovery, Doc. #21 , is DENIED. Signed by District Judge Matthew T. Schelp on 02/01/2024. (KCD)
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| Filing 21 MOTION for Leave to Conduct Discovery Related to Defendants' Motion to Compel Arbitration by Plaintiffs Darwin Cunningham, Justin Norvell. (Sedey, Mary Anne) |
| Filing 20 MEMORANDUM in Opposition re #17 MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Compel Arbitration and to Dismiss Plaintiffs' Petition, or, in the Alternative, to Stay This Action filed by Defendants Napleton Automotive Group, Napleton Mid Rivers Imports, Inc.. (Sobaski, Lauren) |
| Filing 19 DISCLOSURE STATEMENT by Plaintiffs Darwin Cunningham, Justin Norvell. (Sedey, Mary Anne) Modified on 1/31/2024 (TMT). |
| Filing 18 Electronic Notice re: Disclosure Statement to Plaintiffs Darwin Cunningham, Justin Norvell. 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) |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Compel Arbitration and to Dismiss Plaintiffs' Petition, or, in the Alternative, to Stay This Action by Plaintiffs Darwin Cunningham, Justin Norvell. (Sedey, Mary Anne) |
| Filing 16 DEMAND for Trial by Jury by Plaintiffs Darwin Cunningham, Justin Norvell. (Sedey, Mary Anne) |
| Filing 15 REDACTION to #14 Order,, Document [1-1] by Napleton Automotive Group, Napleton Mid Rivers Imports, Inc.. (Sobaski, Lauren) |
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Filing 14
ORDER: Because Document [1-1] and Document [11-1] contain Plaintiffs' complete Social Security numbers, the Clerk of Court is directed to limit access to those filings to case participants. See E.D. Mo. L.R. 2.17(A). No later than January 24, 2024, Defendants shall file a properly redacted version of Document [1-1] for public access. Defendants also shall ensure no other filings they have made require redaction. See id. at 2.17(B) (providing that the "responsibility for redaction rests solely with the filing party"). (Response to Court due by 1/24/2024.) Signed by District Judge Matthew T. Schelp on 1/22/2024. (TMT)
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| Filing 13 MEMORANDUM in Support of Motion re #12 MOTION to Compel Arbitration and to Dismiss Plaintiffs' Petition, or, in the Alternative, to Stay This Action filed by Defendants Napleton Automotive Group, Napleton Mid Rivers Imports, Inc.. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Declaration of Jill Brotherton, #3 Exhibit 3 - Norvell Arbitration Agreement, #4 Exhibit 4 - Cunningham Arbitration Agreement, #5 Exhibit 5 - Certified Resolutions)(Sobaski, Lauren) |
| Filing 12 MOTION to Compel Arbitration and to Dismiss Plaintiffs' Petition, or, in the Alternative, to Stay This Action by Defendants Napleton Automotive Group, Napleton Mid Rivers Imports, Inc.. (Sobaski, Lauren) |
| Filing 11 AMENDED DOCUMENT by Defendants Napleton Automotive Group, Napleton Mid Rivers Imports, Inc.. Amended Notice of Removal. (Attachments: #1 Exhibit A - MO State Court Filings, #2 Exhibit B - Norvell Charges of Discrimination, #3 Exhibit C - Norvell MCHR Right to Sue, #4 Exhibit D - Declaration of Benjamin Roman, #5 Exhibit E - Cunningham Charges of Discrimination, #6 Exhibit F - Cunningham MCHR Right to Sue, #7 Exhibit G - State of Illinois Corporate Annual Report, #8 Exhibit H - Foreign Corporation Application and Certificate of Authority, #9 Exhibit I - Declaration of Daniel Myerson)(Sobaski, Lauren) |
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Filing 10
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that, no later than January 19, 2024, Defendants shall file an Amended Notice of Removal establishing this Court's subject matter jurisdiction. ( Amended/Supplemental Pleadings due by 1/19/2024) Signed by District Judge Matthew T. Schelp on 01/16/2024. (KCD)
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| Filing 9 AMENDED DISCLOSURE STATEMENT by Napleton Automotive Group. No corporate parents or affiliates identified. (Sobaski, Lauren) |
| Filing 8 NOTICE of Filing Deficiency re #7 Disclosure Statement filed by Defendant Napleton Automotive Group. 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: Disclosure Statement not signed by filing attorney. Signed Disclosure Statement must be filed. In addition, the party named in the petition must be listed as the party on the form. Corrections to party names are made through motion practice. (CBL) |
| Filing 7 DISCLOSURE STATEMENT by Napleton Automotive Group. No corporate parents or affiliates identified. (Sobaski, Lauren) |
| Filing 6 DISCLOSURE STATEMENT by Napleton Mid Rivers Imports, Inc.. No corporate parents or affiliates identified. (Sobaski, Lauren) |
| Filing 5 CJRA ORDER (GJL). Pursuant to Local Rule 2.08, a request has been received for random reassignment of this case to a District Judge. IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge Joseph S. Dueker to District Judge Matthew T. Schelp for all further proceedings. (CBL) |
| Filing 4 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. (auto) |
| Filing 3 Petition (Removal/Transfer) Received From: St. Charles County Circuit Court, filed by Darwin Cunningham, Justin Norvell.(JWD) |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Napleton Mid Rivers Imports, Inc., dba Napleton's Mid Rivers Kia, North American Automotive Services, Inc., dba Napleton Automotive Group Sent To: Plaintiff (Attachments: #1 Exhibit Removal Documents)(Sobaski, Lauren) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of St. Charles County, State of Missouri, case number 2311-CC01262, with receipt number AMOEDC-10373277, in the amount of $405 Jury Demand,, filed by Napleton Mid Rivers Imports, Inc., dba Napleton's Mid Rivers Kia, North American Automotive Services, Inc., dba Napleton Automotive Group. (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - State of Illinois Corporate Annual Report, #3 Exhibit C - Declaration, #4 Exhibit D - Foreign Corporation Application and Certificate of Authority, #5 Civil Cover Sheet, #6 Original Filing Form)(Sobaski, Lauren) |
| Case Opening Notification. Judge Assigned: Honorable Joseph S. Dueker. 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. 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) |
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