Ayala et al v. ADM Trucking, Inc. et al
| Jaime Ayala and Blanca Ayala |
| ADM Trucking, Mathew L Voelker, ADM Trucking, Inc. and Matthew L. Voelker |
| 2:2020cv04134 |
| July 29, 2020 |
| US District Court for the Western District of Missouri |
| Willie J Epps |
| Nanette K Laughrey |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
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| Filing 35 CERTIFICATE OF SERVICE by All Plaintiffs filed by Briant Glen Mildenhall on behalf of Plaintiffs Blanca Ayala, Jaime Ayala.(Mildenhall, Briant) |
| Filing 34 RULES OF TRIAL. Signed on 9/23/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
Filing 33
SCHEDULING ORDER: Discovery due by 5/27/2020. Dispositive Motions due by 6/18/2021. Pretrial Conference set for 10/7/2021 at 11:00 AM Courtroom 4A, Jefferson City. Jury Trial set for 10/18/2021 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 9/23/20 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea)
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Filing 32
ORDER granting #30 motion to appear pro hac vice entered by Clerk of Court. Attorney Elisabeth C. Ross for ADM Trucking, Inc. and Matthew L. Voelker allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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Filing 31
ORDER granting #29 motion to appear pro hac vice entered by Clerk of Court. Attorney Tia C. Ghattas for ADM Trucking, Inc. and Matthew L. Voelker allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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| Filing 30 Motion to allow Elisabeth C. Ross to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7060057) filed by Cary William Miller on behalf of ADM Trucking, Inc., Matthew L. Voelker. (Miller, Cary) |
| Filing 29 Motion to allow Tia C. Ghattas to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7060028) filed by Cary William Miller on behalf of ADM Trucking, Inc., Matthew L. Voelker. (Miller, Cary) |
| Filing 28 REPORT of Rule 26(f) planning meeting. (Mildenhall, Briant) |
| Filing 27 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Marisa L. Saber on behalf of Defendants ADM Trucking, Inc., Matthew L. Voelker.(Saber, Marisa) |
| Filing 26 NOTICE of appearance by Cary William Miller on behalf of All Defendants (Miller, Cary) |
| Filing 25 NOTICE of appearance by Cary William Miller on behalf of All Defendants (Attorney Cary William Miller added to party ADM Trucking, Inc.(pty:dft), Attorney Cary William Miller added to party Matthew L. Voelker(pty:dft))(Miller, Cary) |
| Filing 24 DISCLOSURE OF CORPORATE INTERESTS filed by Marisa L. Saber on behalf of Defendant ADM Trucking, Inc..(Saber, Marisa) |
| Filing 23 Amended ANSWER to #14 Amended Complaint on behalf of ADM Trucking, Inc..(Saber, Marisa) |
| Filing 22 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Briant Glen Mildenhall on behalf of Plaintiffs Blanca Ayala, Jaime Ayala.(Mildenhall, Briant) |
| Filing 21 ANSWER to #18 Amended Complaint on behalf of Matthew L. Voelker.(Saber, Marisa) |
| Filing 20 ANSWER to #18 Amended Complaint on behalf of ADM Trucking, Inc..(Saber, Marisa) |
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Filing 19
ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 9/23/2020. Rule 26 conference due by 9/16/2020. Signed on 9/2/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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| Filing 18 AMENDED COMPLAINT Second Amended Complaint for Damages against All Defendants filed by Briant Glen Mildenhall on behalf of All Plaintiffs.(Mildenhall, Briant) |
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Filing 17
ORDER entered by Judge Nanette K. Laughrey. This case was filed on July 29, 2020. Defendants filed a motion to dismiss, and an amended motion to dismiss on August 24. Docs. 11, 13. Pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure, Plaintiffs filed an amended complaint on August 24, Doc. 14, addressing the deficiency raised by Defendants' motions to dismiss. Plaintiffs now seek leave of Court to file a second amended complaint to withdraw Count V for Punitive Damages. Doc. #16 . Defendants consented to the motion. Pursuant to Rule 15(a)(2), when a party seeks additional amendments, it must obtain the ''opposing party's written consent or the court's leave.'' Because ''[t]he court should freely give leave when justice so requires'' under Rule 15(a)(2), and because withdrawing Count V will promote judicial efficiency, Plaintiffs' motion to amend, Doc. #16 , is granted. Plaintiffs must file their second amended complaint on or before September 4, 2020. Signed on 08/28/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
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| Filing 16 Consent MOTION to amend/correct #14 Amended Complaint to Withdraw Count V (Punitive Damages) filed by Briant Glen Mildenhall on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/11/2020 unless otherwise directed by the court. (Related document(s) #14 ) (Mildenhall, Briant) |
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Filing 15
ORDER by Judge Nanette K. Laughrey. Pending before the Court are Defendants ADM Trucking and Mr. Voelker's motion to dismiss (Doc. #11 ), and an amended motion to dismiss (Doc. #13 ). Defendants filed their motions to dismiss on August 24, 2020. Later that same afternoon, Plaintiff filed a first amended complaint (Doc. 14). The first amended complaint is timely under Federal Rule of Civil Procedure 15(a) because it was filed within 21 days after the motions to dismiss were filed. The first amended complaint supersedes and takes the place of the original complaint. See, e.g., In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000) ("It is well-established that an amended complaint supersedes an original complaint and renders the original complaint without legal effect."). The motions to dismiss that were directed at the original complaint therefore are moot. See Avery v. Boyd Bros. Transp., No. 13-00579-CV-BP, 2013 U.S. Dist. LEXIS 190748, at *1-2 (W.D. Mo. Aug. 21, 2013) (noting that the plaintiff who filed an amended complaint fewer than 21 days after motion to dismiss was filed "was entitled to amend [the] Complaint as a matter of course" and denying the motion to dismiss original complaint as moot because [the] amended complaint "superseded and displaced [the] original complaint"). Accordingly, the Court DENIES as moot the motion to dismiss the original complaint (Doc. #11 ), and the amended motion to dismiss the original complaint (Doc. #13 ). Signed on 08/25/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
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| Filing 14 AMENDED COMPLAINT for Damages against All Defendants filed by Briant Glen Mildenhall on behalf of All Plaintiffs.(Mildenhall, Briant) |
| Filing 13 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (to replace document 11), Amended MOTION to dismiss for lack of jurisdiction (to replace document 11) filed by Marisa L. Saber on behalf of ADM Trucking, Inc., Matthew L. Voelker. Suggestions in opposition/response due by 9/8/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Complaint)(Saber, Marisa) |
| Filing 12 SUGGESTIONS in support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marisa L. Saber on behalf of Defendants ADM Trucking, Inc., Matthew L. Voelker. (Related document(s) #11 ) (Saber, Marisa) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marisa L. Saber on behalf of ADM Trucking, Inc., Matthew L. Voelker. Suggestions in opposition/response due by 9/8/2020 unless otherwise directed by the court. (Saber, Marisa) |
| Filing 10 NOTICE of appearance by Marisa L. Saber on behalf of ADM Trucking, Inc., Matthew L. Voelker (Attorney Marisa L. Saber added to party ADM Trucking, Inc.(pty:dft), Attorney Marisa L. Saber added to party Matthew L. Voelker(pty:dft))(Saber, Marisa) |
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Filing 9
ORDER ON PRETRIAL PROCEDURES. Signed on 8/19/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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| Filing 8 NOTICE OF REASSIGNMENT from Magistrate Judge Willie J. Epps, Jr to District Judge Nanette K. Laughrey. This case shall now read 2:20-cv-4134-NKL. (Berner, Crystal) |
| Filing 7 RETURN OF SERVICE of complaint executed by All Plaintiffs. Matthew L. Voelker served on 8/4/2020, answer due 8/25/2020. (Mildenhall, Briant) |
| Filing 6 RETURN OF SERVICE of complaint executed by All Plaintiffs. ADM Trucking, Inc. served on 8/3/2020, answer due 8/24/2020. (Mildenhall, Briant) |
| Filing 5 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Berner, Crystal) |
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Filing 4
ORDER granting #2 motion to appear pro hac vice entered by Clerk of Court. Attorney Briant Mildenhall for Blanca Ayala and Jaime Ayala allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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| NOTICE OF MAGISTRATE ASSIGNMENT: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions.Plaintiff's form due by 8/20/2020 unless otherwise directed by the court. (Berner, Crystal) |
| SUMMONS ISSUED as to ADM Trucking, Inc. and Matthew L. Voelker. Summons emailed to Plaintiff for service. (Warren, Melissa) |
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Filing 3
ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 07/29/2020 by Magistrate Judge Willie J. Epps, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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| Filing 2 Motion to allow Briant G. Mildenhall to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6969395) filed by Michael P. Waddell on behalf of All Plaintiffs. (Waddell, Michael) |
| Filing 1 COMPLAINT for Damages against All Defendants filed by Michael P. Waddell on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-6969335. Service due by 10/27/2020 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Cover Sheet)(Waddell, Michael) |
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