Herron v. Tears of Eden et al
| Daniel Herron |
| Tears of Eden, Katherine Spearing, LLC and Katherine Spearing |
| 4:2024cv00425 |
| March 20, 2024 |
| US District Court for the Eastern District of Missouri |
| Shirley Padmore Mensah |
| P.I.: Other |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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| Filing 46 Case transferred in from District of Indiana Southern; Case Number 1:23-cv-01190. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Filing 45 Transfer Letter to Clerk of the Eastern District of Missouri. Case transferred electronically to Eastern District of Missouri on 3/20/2024. (JSR) |
Filing 44
ENTRY ON DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION - Having concluded the court lacks personal jurisdiction, the court TRANSFERS the case to the Eastern District of Missouri. The Clerk is ORDERED to transfer this case to the Eastern District of Missouri. The court GRANTS Defendants' Motion to Dismiss (Filing No. #9 ) insofar as Defendants argue the court lacks personal jurisdiction. However, to the extent Defendants' Motion to Dismiss (Filing No. #9 ) requests dismissal of the action, it is DENIED. Additionally, Plaintiff's Motion to Remand (Filing No. #7 ) is DENIED as moot. (See Entry.) Signed by District Judge Richard L. Young on 3/20/2024. (JSR)
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| Case Opening Notification. Judge Assigned: Honorable Shirley P. Mensah. 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). 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. (JBH) |
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Filing 43
ORDER ON MOTION TO RECONSIDER - The motion to reconsider (Dkt. #37 ) is GRANTED IN PART, and the Clerk is directed to maintain Docket Numbers 28-1 through 28-17 under seal permanently. The motion also is DENIED IN PART, and the Clerk shall UNSEAL Docket Number #28 (Plaintiff's brief in response to the motion to dismiss) and Docket Number #33 (Defendants' reply brief in support of the motion to dismiss), because Defendants have not provided a proposed redacted version of either of those documents and did not address those documents in their motion to reconsider. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 2/6/2024. (LBT)
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Filing 42
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Hearing held on 2/6/2024 re #37 Defendants' Motion to Reconsider December 27, 2023 Order Denying Motions to File Under Seal. Argument heard. Court will address motion by separate order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 41 REPLY in Support of Motion re #37 MOTION for Reconsideration re #36 Deactivated - Order on Motion to SealOrder on Motion to Seal/Maintain Under Seal Document , filed by Defendants KATHERINE SPEARING, TEARS OF EDEN. (Anderson, Ami) |
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Filing 40
SCHEDULING ORDER HEARING HON. MAGISTRATE JUDGE MARK J. DINSMORE: Defendants' Motion to Reconsider December 27, 2023 Order Denying Motions to File Under Seal [Dkt. 37] is set for an in-person Hearing on Tuesday, February 6, 2024 at 2:00 p.m. (Eastern), in Courtroom 270, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. The parties shall appear by counsel for the hearing. In addition to any other counsel who may appear, Defendants' counsel Ami Anderson shall appear for Defendants as the attorney who signed Defendants' Motion. [Id.] See Order. Signed by Magistrate Judge Mark J. Dinsmore on 1/25/2024.(LF)
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| Filing 39 RESPONSE in Opposition re #37 MOTION for Reconsideration re #36 Deactivated - Order on Motion to SealOrder on Motion to Seal/Maintain Under Seal Document , filed by Plaintiff DANIEL HERRON. (Jorczak, Robert) |
| Filing 38 NOTICE of Appearance by Robert Scott O'Dell on behalf of Defendant KATHERINE SPEARING. (O'Dell, Robert) |
| Filing 37 MOTION for Reconsideration re #36 Deactivated - Order on Motion to SealOrder on Motion to Seal/Maintain Under Seal Document , filed by Defendants KATHERINE SPEARING, TEARS OF EDEN. (Attachments: #1 Exhibit A - Redacted Deposition Exhibit 2, #2 Exhibit B - Redacted Deposition Exhibit 8-A, #3 Exhibit C - Redacted Deposition Exhibit 8-B, #4 Exhibit D - Redacted Deposition Exhibit 8-C, #5 Exhibit E - Redacted Deposition Exhibit 9, #6 Exhibit F - Redacted Deposition Exhibit 18, #7 Exhibit G - Redacted Deposition Exhibit 21, #8 Exhibit H - Redacted Deposition Exhibit 23-A, #9 Exhibit I - Redacted Deposition Exhibit 23-B, #10 Exhibit J - Redacted Deposition Exhibit 23-C, #11 Exhibit K - Redacted Deposition Exhibit 24, #12 Exhibit L - Redacted Deposition Exhibit 25-A, #13 Exhibit M - Redacted Deposition Exhibit 25-B, #14 Exhibit N - Redacted Deposition Exhibit 25-C, #15 Exhibit O - Redacted Deposition Exhibit 26, #16 Exhibit P - Redacted Deposition Exhibit 27, #17 Exhibit Q - Redacted Deposition Transcript of Katherine Spearing, #18 Text of Proposed Order)(Anderson, Ami) |
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Filing 36
ORDER ON MOTIONS MOTION TO SEAL - Plaintiff's Motion to File Response and Exhibits Under Seal, [Dkt. #27 ] and Defendants' Motion to Maintain Reply in Support of Motion to Dismiss Under Seal [Dkt. #35 ] are DENIED and the Clerk shall UNSEAL Docket Nos. 28, 28-1 through 28-17, and 33. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this Order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 12/27/2023. (JSR)
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| Filing 35 MOTION to Maintain Document Under Seal #33 SEALED Reply in support of Motion to Dismiss for Lack of Personal Jurisdiction Under Seal, filed by Defendants KATHERINE SPEARING, TEARS OF EDEN. (Attachments: #1 Text of Proposed Order)(Anderson, Ami) |
| Filing 34 APPENDIX of Non-Confidential Exhibits to Sealed Reply in Support of Motion to Dismiss for Lack of Personal Jurisdiction Under Seall by KATHERINE SPEARING, TEARS OF EDEN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Anderson, Ami) |
| Filing 33 SEALED REPLY in support of Motion re #9 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants KATHERINE SPEARING, TEARS OF EDEN. (Anderson, Ami) |
| Filing 31 Submission of Proposed Order , re #27 MOTION to Seal, filed by Plaintiff DANIEL HERRON. (Jorczak, Robert) |
| Filing 30 NOTICE of Manual Filing of Audio Recordings re #9 MOTION to Dismiss for Lack of Jurisdiction , filed by DANIEL HERRON (Jorczak, Robert) |
| Filing 29 APPENDIX re #9 MOTION to Dismiss for Lack of Jurisdiction by DANIEL HERRON. (Attachments: #1 Affidavit Affidavit of Robert A. Jorczak, #2 Exhibit Deposition Exhibit 1, #3 Exhibit Deposition Exhibit 12, #4 Exhibit Deposition Exhibit 14, #5 Exhibit Deposition Exhibit 15, #6 Exhibit Deposition Exhibit 16, #7 Exhibit Deposition Exhibit 17-A, #8 Exhibit Deposition Exhibit 17-B)(Jorczak, Robert) |
| Filing 28 SEALED RESPONSE re #9 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiff DANIEL HERRON. (Attachments: #1 Exhibit Deposition Transcript of Katherine Spearing, #2 Exhibit Deposition Exhibit 2, #3 Exhibit Deposition Exhibit 8-A, #4 Exhibit Deposition Exhibit 8-B, #5 Exhibit Deposition Exhibit 8-C, #6 Exhibit Deposition Exhibit 9, #7 Exhibit Deposition Exhibit 18, #8 Exhibit Deposition Exhibit 21, #9 Exhibit Deposition Exhibit 23-A, #10 Exhibit Deposition Exhibit 23-B, #11 Exhibit Deposition Exhibit 23-C, #12 Exhibit Deposition Exhibit 24, #13 Exhibit Deposition Exhibit 25-A, #14 Exhibit Deposition Exhibit 25-B, #15 Exhibit Deposition Exhibit 25-C, #16 Exhibit Deposition Exhibit 26, #17 Exhibit Deposition Exhibit 27)(Jorczak, Robert) |
| Filing 27 MOTION to Seal Documents , filed by Plaintiff DANIEL HERRON. (Jorczak, Robert) Modified on 11/17/2023 (CKM). |
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Filing 26
ORDER STRIKING DISCOVERY - On October 18, 2023, counsel for Plaintiff filed a Notice to Video Deposition of Katherine Spearing. Dkt. #24 . Therefore, the Court hereby STRIKES Plaintiff's Notice of Video Deposition of Katherine Spearing Dkt. #24 and the Clerk is directed to show Docket No. 24 as stricken from the docket. Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2023.(AAS)
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| Filing 25 NOTICE of Appearance by Ami Therese Anderson on behalf of Defendants KATHERINE SPEARING, TEARS OF EDEN. (Anderson, Ami) |
| Filing 24 *** PLEASE DISREGARD - STRICKEN PER DKT. #26 *** NOTICE of Taking Deposition by DANIEL HERRON (Huber, Brent) Modified on 11/14/2023 (AAS). |
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Filing 23
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Hearing held on 10/6/2023 re #21 Defendants' Unopposed Motion for Enlargement of Deadlines Imposed by the Court's August 23, 2023 Order. Motion is GRANTED IN PART & DENIED IN PART. Defendants shall produce all supplemental documents to Plaintiff's counsel by 10/10/2023. Defendant Katherine Spearing's deposition shall be completed by 11/1/2023. Plaintiff's Response to #9 Defendants' Motion to Dismiss due by 11/17/2023 & Defendants' Reply due 11/27/2023. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 22
SCHEDULING ORDER: Defendants' Unopposed Motion for Enlargement of Deadlines Imposed by Court's August 23, 2023 Order #21 is set for a Telephonic Hearing on 10/6/2023 at 9:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. The parties shall appear by counsel by calling 866-434-5269, Access Code 9954518, Security Code 231190. Signed by Magistrate Judge Mark J. Dinsmore on 10/4/2023. (GD)
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| Filing 21 Unopposed MOTION for Enlargement of Deadlines Imposed by Court's August 23, 2023 Order, filed by Defendants KATHERINE SPEARING, TEARS OF EDEN. (Attachments: #1 Text of Proposed Order)(Mortimer, Renee) |
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Filing 20
UNIFORM PROTECTIVE ORDER. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 8/23/2023.(LBT)
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Filing 19
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Hearing on #16 Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss & #17 Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery [Dkt. 17] held on 8/23/2023. Plaintiff's Motions ( #16 & #17 ) are GRANTED IN PART & DENIED IN PART. With parties' agreement, Plaintiff's Response to Defendant's Motion to Dismiss is due by 11/3/2023. *SEE ORDER FOR ADDITIONAL DEADLINES & REQUIREMENTS.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 18
SCHEDULING ORDER: Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss #16 and Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery #17 are set for an in-person hearing on Wednesday, August 23, 2023 at 1:00 p.m. (Eastern), in Courtroom 270, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. The parties are ordered to appear by their counsel of record. Signed by Magistrate Judge Mark J. Dinsmore on 8/21/2023.(JRB)
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| Filing 17 MOTION for Leave to Conduct Jurisdictional Discovery, filed by Plaintiff DANIEL HERRON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Huber, Brent) |
| Filing 16 MOTION for Extension of Time to File Response to 90 Days from Ruling on Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery (which motion to conduct jurisdictional discovery will be filed imminently) re #9 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiff DANIEL HERRON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Huber, Brent) |
| Filing 15 REPLY in Support of Motion re #7 MOTION to Remand , filed by Plaintiff DANIEL HERRON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Huber, Brent) |
| Filing 14 MARGINAL ENTRY - #13 Notice of Voluntary Dismissal APPROVED. Defendant Katherine Spearing LLC is dismissed without prejudice. Signed by District Judge Richard L Young on 8/14/2023.(LBT) |
| Filing 13 NOTICE of Voluntary Dismissal, filed by Plaintiff DANIEL HERRON. (Huber, Brent) |
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Filing 12
ORDER - This matter is before the Court on Plaintiff's Unopposed Motion for Extension of Time to File Reply in Support of Plaintiff's Motion to Remand. [Dkt. #11 .] The Court, being duly advised, hereby GRANTS the motion. On or before August 14, 2023, Plaintiff shall file a Reply in Support of Plaintiff's Motion to Remand. Signed by Magistrate Judge Mark J. Dinsmore on 8/7/2023. (CW)
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| Filing 11 Unopposed MOTION for Extension of Time to File Reply to August 14, 2023 re #7 MOTION to Remand , filed by Plaintiff DANIEL HERRON. (Attachments: #1 Text of Proposed Order)(Huber, Brent) |
| Filing 10 BRIEF/MEMORANDUM in Support re #9 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants KATHERINE SPEARING, LLC, KATHERINE SPEARING, TEARS OF EDEN. (Attachments: #1 Exhibit 1 - Affidavit of Katherine Spearing)(Mortimer, Renee) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants KATHERINE SPEARING, LLC, KATHERINE SPEARING, TEARS OF EDEN. (Mortimer, Renee) |
| Filing 8 RESPONSE in Opposition re #7 MOTION to Remand , filed by Defendants KATHERINE SPEARING, LLC, KATHERINE SPEARING, TEARS OF EDEN. (Attachments: #1 Exhibit A - Email Correspondence)(Mortimer, Renee) |
| Filing 7 MOTION to Remand , filed by Plaintiff DANIEL HERRON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Huber, Brent) |
| Filing 6 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants KATHERINE SPEARING, LLC, KATHERINE SPEARING, TEARS OF EDEN. (Roper-Nikitaras, Kristanna) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) |
| Filing 4 Rule 7.1 Disclosure Statement by KATHERINE SPEARING, LLC, KATHERINE SPEARING, TEARS OF EDEN identifying Other Affiliate KATHERINE SPEARING for KATHERINE SPEARING; Corporate Parent TEARS OF EDEN for TEARS OF EDEN; Corporate Parent KATHERINE SPEARING, LLC for KATHERINE SPEARING, LLC.. (Roper-Nikitaras, Kristanna) |
| Filing 3 NOTICE of Appearance by Kristanna Elizabeth Roper-Nikitaras on behalf of Defendants KATHERINE SPEARING, LLC, KATHERINE SPEARING, TEARS OF EDEN. (Roper-Nikitaras, Kristanna) |
| Filing 2 NOTICE of Appearance by Renee J. Mortimer on behalf of Defendants KATHERINE SPEARING, LLC, KATHERINE SPEARING, TEARS OF EDEN. (Mortimer, Renee) |
| Filing 1 NOTICE OF REMOVAL from Hamilton Circuit Court, case number 29C01-2305-CT-004403, filed by All Defendants. (Filing fee $402, receipt number AINSDC-7708205) (Attachments: #1 State Court Record Docket, Appearance for Plaintiff, Complaint for Damages and Jury Demand, Summons to Katherine Spearing, Summons to Katherine Spearing, LLC, Summons to Tears of Eden, Appearance, Defendants Motion for Enlargement of Time to Respond to Plaintiffs Complaint for Damages, Order, #2 Exhibit B - Operative Complaint, #3 Exhibit C - Service Correspondence, #4 Exhibit D - Tears of Eden LLC Articles of Incorporation, #5 Exhibit E - Spearing LLC Articles of Incorporation, #6 Civil Cover Sheet)(Roper-Nikitaras, Kristanna) |
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