Ahern Rentals Incorporated v. EquipmentShare.com Incorporated et al
Plaintiff: Ahern Rentals Incorporated
Defendant: EquipmentShare.com Incorporated, Daniel Martinez and Unknown Martinez
Case Number: 2:2020cv04140
Filed: August 13, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Beth Phillips
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2020 Filing 28 CASE TRANSFERRED IN from District of Arizona; Case Number 2:20-cv-00705.
August 12, 2020 Filing 27 CERTIFIED MDL TRANSFER ORDER - Transferring Case to the Western District of Missouri Re MDL-2945. (MAP) [Transferred from azd on 8/13/2020.]
August 12, 2020 Filing 26 NOTICE re: OF MDLS ORDER TRANSFERING CASE TO THE UNITED STATES DISTRICT FOR THE WESTERN DISTRICT OF MISSOURI by EquipmentShare.com Incorporated . (Pursell, Jimmie) [Transferred from azd on 8/13/2020.]
August 12, 2020 Remark: Case Transferred to the Western District of Missouri via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 8/13/2020.]
July 20, 2020 Filing 25 STATUS REPORT Pursuant to June 19, 2020 Rule 16 Scheduling Order by EquipmentShare.com Incorporated. (Gardner, Jeffrey) [Transferred from azd on 8/13/2020.]
June 19, 2020 Opinion or Order Filing 24 RULE 16 SCHEDULING ORDER: Discovery due by 4/16/2021. Dispositive motions due by 4/30/2021. ORDERED granting the #18 Motion to Stay. Defendants shall file a status report as to the status of the pending motion in the MDL court every 30 days, starting 30 days from the date of this Order. IT IS FURTHER ORDERED vacating the Rule 16 Scheduling Conference set for June 22, 2020. Signed by Judge Diane J Humetewa on 6/19/2020. (See Order for details.) (LFIG) [Transferred from azd on 8/13/2020.]
June 18, 2020 Filing 23 NOTICE re: Intent to Serve Subpoenas on Non-Parties by Ahern Rentals Incorporated . (Attachments: #1 Subpoena to Atwater Construction, #2 Subpoena to DW Framing)(Suffecool, Christopher) [Transferred from azd on 8/13/2020.]
June 17, 2020 Filing 22 REPLY to Response to Motion re: #18 MOTION to Stay ACTION PENDING THE TRANSFER DECISION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION filed by EquipmentShare.com Incorporated. (Gardner, Jeffrey) [Transferred from azd on 8/13/2020.]
June 16, 2020 Filing 21 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Ahern Rentals Incorporated. (Suffecool, Christopher) [Transferred from azd on 8/13/2020.]
June 10, 2020 Filing 20 RESPONSE in Opposition re: #18 MOTION to Stay ACTION PENDING THE TRANSFER DECISION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION filed by Ahern Rentals Incorporated. (Attachments: #1 Exhibit 1)(Suffecool, Christopher) [Transferred from azd on 8/13/2020.]
June 10, 2020 Filing 19 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendants Daniel Martinez, Unknown Martinez. (Shields, James) [Transferred from azd on 8/13/2020.]
May 27, 2020 Filing 18 MOTION to Stay ACTION PENDING THE TRANSFER DECISION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION by EquipmentShare.com Incorporated. (Attachments: #1 Exhibit 1 - Declaration of Jimmie W. Pursell, Jr., #2 Text of Proposed Order)(Pursell, Jimmie) [Transferred from azd on 8/13/2020.]
May 26, 2020 Filing 17 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant EquipmentShare.com Incorporated. (Gardner, Jeffrey) [Transferred from azd on 8/13/2020.]
May 22, 2020 Filing 16 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Ahern Rentals Incorporated. (Suffecool, Christopher) [Transferred from azd on 8/13/2020.]
May 22, 2020 Filing 15 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Daniel Martinez, Unknown Martinez. (Shields, James) [Transferred from azd on 8/13/2020.]
May 14, 2020 Remark: Pro hac vice motion(s) granted for Kimberly F Rich on behalf of Defendant EquipmentShare.com Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 8/13/2020.]
April 23, 2020 Filing 14 DEFENDANT'S DEMAND for Jury Trial by Daniel Martinez, Unknown Martinez. (Shields, James) [Transferred from azd on 8/13/2020.]
April 22, 2020 Filing 13 ANSWER to #1 Notice of Removal with Jury Demand by EquipmentShare.com Incorporated.(Gardner, Jeffrey) [Transferred from azd on 8/13/2020.]
April 22, 2020 Filing 12 ANSWER to #1 Notice of Removal with Jury Demand by Daniel Martinez, Unknown Martinez.(Shields, James) [Transferred from azd on 8/13/2020.]
April 20, 2020 Filing 11 Corporate Disclosure Statement by Ahern Rentals Incorporated. (Peters, Kristy) [Transferred from azd on 8/13/2020.]
April 16, 2020 Filing 10 NOTICE re: Service of Court Order Setting Rule 16 Scheduling Conference by Ahern Rentals Incorporated . (Peters, Kristy) [Transferred from azd on 8/13/2020.]
April 16, 2020 Opinion or Order Filing 9 ORDER setting a Rule 16 Scheduling Conference for 6/23/2020 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 4/16/2020. (See Order for details.) (LFIG)[Transferred from azd on 8/13/2020.]
April 16, 2020 Filing 8 SERVICE EXECUTED filed by Ahern Rentals Incorporated: Certificate of Service re: Summons, Complaint, Notice of Removal, Verification of State Court Record, Court Orders Docs 4 and 5 upon Jane Doe (Reyna) Martinez on April 10, 2020. (Peters, Kristy) [Transferred from azd on 8/13/2020.]
April 16, 2020 Filing 7 SERVICE EXECUTED filed by Ahern Rentals Incorporated: Certificate of Service re: Summons, Complaint, Notice of Removal, Verification of State Court Record, Court Orders Docs 4 and 5 upon Daniel Martinez, Jr. on April 10, 2020. (Peters, Kristy) [Transferred from azd on 8/13/2020.]
April 15, 2020 Filing 6 NOTICE re: Service of court orders by Ahern Rentals Incorporated . (Peters, Kristy) [Transferred from azd on 8/13/2020.]
April 14, 2020 Remark: Pro hac vice motion(s) granted for Mark D Taylor on behalf of Defendant EquipmentShare.com Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 8/13/2020.]
April 9, 2020 Opinion or Order Filing 5 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendant(s) and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 4/9/2020. (LFIG) [Transferred from azd on 8/13/2020.]
April 8, 2020 Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (WLP) [Transferred from azd on 8/13/2020.]
April 8, 2020 Filing 3 This case has been assigned to the Honorable Judge Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-20-00705-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (WLP) [Transferred from azd on 8/13/2020.]
April 8, 2020 Filing 2 Corporate Disclosure Statement by EquipmentShare.com Incorporated. (Gardner, Jeffrey) (WLP) [Transferred from azd on 8/13/2020.]
April 8, 2020 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2020-004181. Filing fee received: $ 400.00, receipt number 0970-18161249 filed by EquipmentShare.com Incorporated. (Gardner, Jeffrey) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 State Court Records)(WLP) [Transferred from azd on 8/13/2020.]
April 8, 2020 ***State Court record received on 4/8/2020***SERVICE EXECUTED filed by Ahern Rentals Incorporated: Certificate of Service of Summons, Verified Complaint, Certificate of Complusory Arbitration upon EquipmentShare.com Incorporated c/o CT Corporation on 4/2/2020. ***Certificate of Service filed in state court on 4/3/2020, docketed in U.S. District Court on 4/8/2020 for case management purposes.*** (WLP) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from azd on 8/13/2020.]

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Defendant: EquipmentShare.com Incorporated
Represented By: Mark D. Taylor
Represented By: Kimberly F Rich
Represented By: Jeffrey Dale Gardner
Represented By: Jimmie W Pursell, Jr.
Represented By: Mark David Taylor
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Defendant: Daniel Martinez
Represented By: James Burr Shields, II
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Defendant: Unknown Martinez
Represented By: James Burr Shields, II
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Plaintiff: Ahern Rentals Incorporated
Represented By: Christopher Miller Suffecool
Represented By: Kristy Leah Peters
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