Finder et al v. AMC Entertainment Holdings, Inc. et al
Plaintiff: Gabrielle Durham, N.F., A.F. and Brian Finder
Defendant: John Doe #2, AMC Entertainment Holdings, Inc., Prime Time Toys LLC, Walmart, Inc. and S.W.
Case Number: 4:2024cv01096
Filed: August 9, 2024
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Matthew T Schelp
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2024 Opinion or Order Filing 34 ORDER OF REMAND: IT IS HEREBY ORDERED that Plaintiffs' Motion to Remand, Doc. #25 , is GRANTED in part,* and this action is REMANDED to the Circuit Court of St. Louis County, the Twenty-First Judicial Circuit of Missouri. The Clerk of Court shall mail a certified copy of this Order to the Clerk of the Circuit Court of St. Louis County. See 28 U.S.C. 1447(c). Signed by District Judge Matthew T. Schelp on 10/09/2024. (KCD)
September 10, 2024 Filing 33 REPLY (to termed motion) re #25 MOTION to Remand Case to State Court to Circuit Court of St. Louis County REPLY IN SUPPORT OF PLAINTIFF'S MOTION TO REMAND TO THE CIRCUIT COURT OF ST. LOUIS COUNTY filed by Plaintiffs A.F., Gabrielle Durham, Brian Finder, N.F.. (Insler, Charles)
September 9, 2024 Opinion or Order Filing 32 Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs shall file any Reply in Support of their Motion to Remand no later than Thursday, September 12, 2024. Signed by District Judge Matthew T. Schelp on 09/09/2024. (KCD)
September 9, 2024 Filing 31 ANSWER to #22 Amended Complaint by AMC Entertainment Holdings, Inc..(Franke, John)
September 9, 2024 Filing 30 CONSENT to #25 MOTION to Remand Case to State Court to Circuit Court of St. Louis County by Defendant AMC Entertainment Holdings, Inc... (Attachments: #1 Exhibit A: 8-7-24 Email from Walmart attorney, #2 Exhibit B: 8-8-24 Email from codefendant attorneys, #3 Exhibit C: 9-2-24 Email from Walmart attorney)(Franke, John)
September 9, 2024 Filing 29 SUMMONS Returned Executed filed by Gabrielle Durham, Brian Finder, N.F., A.F.. S.W. served on 8/31/2024, answer due 9/23/2024. (Insler, Charles)
September 5, 2024 Filing 28 ANSWER to #22 Amended Complaint by Prime Time Toys LLC.(Phoenix, G.)
August 29, 2024 Filing 27 Summons Issued as to defendant S.W. The summons was emailed to Charles Insler. (BRP)
August 28, 2024 Filing 26 MEMORANDUM in Support of Motion re #25 MOTION to Remand Case to State Court to Circuit Court of St. Louis County filed by Plaintiffs A.F., Gabrielle Durham, Brian Finder, N.F.. (Attachments: #1 Exhibit 1 - Walmart EOA, #2 Exhibit 2 - Walmart MTD, #3 Exhibit 3 - Walmart Service, #4 Exhibit 4 - Email re remand)(Insler, Charles)
August 28, 2024 Filing 25 MOTION to Remand Case to State Court to Circuit Court of St. Louis County by Plaintiffs A.F., Gabrielle Durham, Brian Finder, N.F.. (Insler, Charles)
August 27, 2024 Filing 24 NOTICE OF PROCESS SERVER by Plaintiffs A.F., Gabrielle Durham, Brian Finder, N.F. Process Server: Curtis Martin STL Investigations & Process Service (Attachments: #1 Summons Summons to S.W.)(Insler, Charles)
August 23, 2024 Filing 23 NOTICE Filing of the First Amended Complaint: by Plaintiffs A.F., Gabrielle Durham, Brian Finder, N.F. re #22 Amended Complaint (Attachments: #1 Exhibit A - redline of First Amended Complaint)(Insler, Charles)
August 23, 2024 Filing 22 AMENDED COMPLAINT against defendant All Defendants Jury demand, , filed by Gabrielle Durham, Brian Finder, N.F., A.F..(Insler, Charles)
August 20, 2024 Filing 21 ENTRY of Appearance by David A. Boresi for Defendant AMC Entertainment Holdings, Inc.. (Boresi, David)
August 20, 2024 Filing 20 NOTICE of Filing Deficiency re #13 Entry of Appearance filed by Defendant AMC Entertainment Holdings, 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: Document states it is an Entry of Appearance for both John E. Franke and David A. Boresi. Each attorney must enter a separate entry of appearance under his/her own login and password. An entry of appearance for attorney David A. Boresi should be filed in the Court record, or he will not be considered as having entered in the case. (CBL)
August 19, 2024 Filing 19 DISCLOSURE STATEMENT by N.F.. No corporate parents or affiliates identified. (Insler, Charles)
August 19, 2024 Filing 18 DISCLOSURE STATEMENT by A.F.. No corporate parents or affiliates identified. (Insler, Charles)
August 19, 2024 Filing 17 DISCLOSURE STATEMENT by Gabrielle Durham. No corporate parents or affiliates identified. (Insler, Charles)
August 19, 2024 Filing 16 DISCLOSURE STATEMENT by Brian Finder. No corporate parents or affiliates identified. (Insler, Charles)
August 16, 2024 Filing 15 AMENDED DISCLOSURE STATEMENT by Prime Time Toys LLC, Francis Chia, Stella Chia.. (Phoenix, G.)
August 15, 2024 Filing 14 ANSWER to Complaint by AMC Entertainment Holdings, Inc..(Franke, John)
August 15, 2024 Filing 13 ENTRY of Appearance by John E. Franke for Defendant AMC Entertainment Holdings, Inc.. (Franke, John)
August 14, 2024 Filing 12 Electronic Notice re: Disclosure Statement to Plaintiffs A.F., Gabrielle Durham, Brian Finder, N.F. 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)
August 13, 2024 Filing 11 AMENDED DISCLOSURE STATEMENT by AMC Entertainment Holdings, Inc.. No corporate parents or affiliates identified. (Franke, John)
August 13, 2024 Filing 10 NOTICE of Filing Deficiency re #5 Disclosure Statement, #8 Disclosure Statement filed by Defendants AMC Entertainment Holdings, Inc., Prime Time Toys LLC. 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: Parties filed the Disclosure Statements in this action removed on the basis of diversity jurisdiction, but failed to properly complete the Court adopted form with diversity information. Non-individuals must include the state of incorporation/formation and state of primary business practice in Section 2 (See FRCP 7.1). LLCs, LLPs must include all members, sub-members, general and limited partners, and corporations and his/her/its state of citizenship (see above) in Section 2. These entities must be entered into CM/ECF where prompted. An amended Disclosure Statement must be filed immediately, using the Court adopted form. # (moed-0001.pdf). (CBL)
August 12, 2024 Filing 9 ENTRY of Appearance by Clayton Rees Diskin for Defendant Prime Time Toys LLC. (Diskin, Clayton)
August 12, 2024 Filing 8 DISCLOSURE STATEMENT by Prime Time Toys LLC. No corporate parents or affiliates identified. (Phoenix, G.)
August 12, 2024 Filing 7 ANSWER to Complaint by Prime Time Toys LLC.(Phoenix, G.)
August 12, 2024 Filing 6 ENTRY of Appearance by G. Keith Phoenix for Defendant Prime Time Toys LLC. (Phoenix, G.)
August 12, 2024 Filing 5 DISCLOSURE STATEMENT by AMC Entertainment Holdings, Inc.. No corporate parents or affiliates identified. (Franke, John)
August 12, 2024 Filing 4 Electronic Notice re: Disclosure Statement to Defendant AMC Entertainment Holdings, Inc. 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)
August 9, 2024 Filing 3 Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Gabrielle Durham, Brian Finder, N.F., A.F..(JWD)
August 9, 2024 Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant AMC Entertainment Holdings, Inc. Sent To: Plaintiff and State Court (JWD)
August 9, 2024 Filing 1 NOTICE OF REMOVAL from St. Louis County, case number 24SL-CC03094, with receipt number AMOEDC-10757769, in the amount of $405 Jury Demand,, filed by AMC Entertainment Holdings, Inc.. (Attachments: #1 Exhibit A: Summons & Petition, #2 Exhibit B: Service of Process Notice, #3 Exhibit C: Civil Cover sheet, #4 Exhibit D: Original Filing Form, #5 Exhibit E: Notice of Filing Removal to Federal Court, #6 Exhibit G: State Court Case File)(Franke, John)
August 9, 2024 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). (JWD)

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Plaintiff: Gabrielle Durham
Represented By: Charles N. Insler
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Plaintiff: N.F.
Represented By: Charles N. Insler
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Plaintiff: A.F.
Represented By: Charles N. Insler
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Plaintiff: Brian Finder
Represented By: Charles N. Insler
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Defendant: John Doe #2
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Defendant: AMC Entertainment Holdings, Inc.
Represented By: John E. Franke
Represented By: David A. Boresi
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Defendant: Prime Time Toys LLC
Represented By: Clayton Rees Diskin
Represented By: G. Keith Phoenix
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Defendant: Walmart, Inc.
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Defendant: S.W.
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