Ahern Rentals, Inc. v. Wade et al
| Ahern Rentals Inc |
| Keith Wade, Jessie Wade and Equipmentshare.com, Inc. |
| 2:2020cv04144 |
| August 13, 2020 |
| US District Court for the Western District of Missouri |
| Jefferson City Office |
| Beth Phillips |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 54 CASE TRANSFERRED IN from District of Nevada; Case Number 2:20-cv-00094. |
| Filing 53 CERTIFIED MDL TRANSFER ORDER transferring case to the Western District of Missouri. Signed by MDL on 8/10/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 8/13/2020.] |
| Filing 52 MDL TRANSFER ORDER transferring case to the Western District of Missouri. Signed by MDL on 8/7/2020. (Attachments: #1 MDL Minute Order) (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 8/13/2020.] |
Filing 51
ORDER granting #50 STIPULATION TO CONTINUE (First Request) Early Neutral Evaluation #41 Order. The Early Neutral Evaluation set for 6/30/2020 is VACATEDd and will be reset if necessary. Parties to file a stipulation 7 days after ruling on #31 Motion to Dismiss. Signed by Magistrate Judge Nancy J. Koppe on 6/2/2020. (Copies have been distributed pursuant to the NEF - DRS) [Transferred from nvd on 8/13/2020.]
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| Filing 50 Joint STIPULATION TO CONTINUE (First Request) Early Neutral Evaluation re #41 Order, by Plaintiff Ahern Rentals, Inc. (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 49 TRANSCRIPT of Proceedings, 47 Telephonic Motion Hearing held on 4/29/2020 before Magistrate Judge Cam Ferenbach. Court (Reporter) Transcriber: Amber McClane, AM@nvd.uscourts.gov. Any Redaction Request is due by 6/20/2020. Redacted Transcript Deadline is set for 6/30/2020. Release of the Transcript Restriction is set for 8/28/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order Form is available on the court website. After that date, the transcript may be obtained through the court reporter or PACER. (AMM) [Transferred from nvd on 8/13/2020.] |
| Filing 48 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 5/28/2020. This case is set for an early neutral evaluation on June 30, 2020. Docket Nos. 20, 41. The order setting the early neutral evaluation is hereby MODIFIED as follows. First, evaluation statements must be emailed to njk_chambers@nvd.uscourts.gov. Hard copies of the evaluation statements will not be accepted. The evaluation statements must also include an email address for each participant. Second, the early neutral evaluation will be conducted remotely by video and there will be no personal attendance required. Further instructions will be provided at a later date regarding the video appearances. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - TM) [Transferred from nvd on 8/13/2020.] |
| Filing 47 MINUTES OF PROCEEDINGS - Hearing re motion to stay discovery #32 held on 4/29/2020 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Pla Counsel: Patrick Hicks and Amy Thompson; Def Counsel: Aviva Gordon and Michael Brewer; Recording start and end times: 2:55 - 3:24; Courtroom: 3D; This hearing was conducted via telephonic conferencing. The court canvasses and hears representations and arguments from the parties. ORDERED motion to stay discovery #32 is GRANTED, as stated on the record. FURTHER ORDERED status conference is set for 11/19/20 at 10:00 a.m. in Courtroom 3D. If a decision is reached on the motion to dismiss #31 and the ruling does not dispose of this case, the parties are to submit a proposed discovery plan and scheduling order two weeks after decision. (no image attached) (Copies have been distributed pursuant to the NEF - JAR) [Transferred from nvd on 8/13/2020.] |
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Filing 46
ORDER granting #43 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Colton Long and DESIGNATION of Local Counsel Mitchell J. Langberg. Signed by Judge Jennifer A. Dorsey on 4/28/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS) [Transferred from nvd on 8/13/2020.]
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| Filing 45 NOTICE of Corrected Image/Document re #43 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Defendant Equipmentshare.com, Inc.. (Service of corrected image is attached.) (Langberg, Mitchell) [Transferred from nvd on 8/13/2020.] |
| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 4/28/2020. Re: #43 Motion for Permission to Practice Pro Hac Vice - Verified Petition does not comply with Local Rule 1A 11-2(a). Certificate of Good Standing is missing from Petition. Counsel is advised to refile Petition, attaching Certificate of Good Standing, with the Court under event "Notice of Corrected Image" linking to #43 by May 12, 2020. Failure to comply will result in denial of the Petition. (no image attached) (Copies have been distributed pursuant to the NEF - CS) [Transferred from nvd on 8/13/2020.] |
| Filing 43 VIEW Corrected Image #45 re: MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Colton Long and DESIGNATION of Local Counsel Mitchell J. Langberg (Filing fee $ 250 receipt number 0978-5984183) by Defendant Equipmentshare.com, Inc.. (Langberg, Mitchell) Modified on 4/28/2020 (SLD). [Transferred from nvd on 8/13/2020.] |
| Filing 42 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach on 4/21/2020. Re: #32 MOTION to Stay Discovery by Plaintiff Ahern Rentals, Inc.. Motion Hearing set for 4/29/2020 at 03:00 PM before Magistrate Judge Cam Ferenbach. Before the Court is Aherns Rentals, Inc.s Motion to Stay Discovery on the Wades Counterclaims (ECF NO. 32).Accordingly,IT IS HEREBY ORDERED that a telephonic hearing on Aherns Rentals, Inc.s Motion to Stay Discovery on the Wades Counterclaims (ECF NO. 32) is scheduled for 3:00 PM, April 29, 2020.The call-in telephone number is (888)273-3658, access code: 3912597. The call must be made five minutes prior to the hearing time. The court will join the call and convene the proceedings. To improve sound quality, the parties should use a land line, at all possible. The use of a speaker phone during the proceedings is prohibited.The Public may access and listen to the hearing using the above conference number but must mute their phone.(no image attached) (Copies have been distributed pursuant to the NEF - MT) [Transferred from nvd on 8/13/2020.] |
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Filing 41
ORDER RESETTING Early Neutral Evaluation session. Early Neutral Evaluation is reset for 6/30/2020 at 09:00 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. ENE Statements must be submitted by 3:00 pm on 6/23/2020. All other requirements set forth in #20 & 35 govern. Signed by Magistrate Judge Nancy J. Koppe on 4/14/2020. (Copies have been distributed pursuant to the NEF - DRS) [Transferred from nvd on 8/13/2020.]
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Filing 40
PROTECTIVE ORDER. Pursuant to #38 Stipulated Protective Order. Signed by Magistrate Judge Cam Ferenbach on 4/13/2020.(Copies have been distributed pursuant to the NEF - DRS) [Transferred from nvd on 8/13/2020.]
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| Filing 39 REPLY to #36 Response by Plaintiff Ahern Rentals, Inc.. (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 38 STIPULATED PROTECTIVE ORDER Regarding Confidential Information and Inadvertent Disclosure by Defendant Equipmentshare.com, Inc.. (Ellis, Emily) [Transferred from nvd on 8/13/2020.] |
| Filing 37 REPLY to Response to #31 Motion to Dismiss by Plaintiff Ahern Rentals, Inc. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2) (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 36 RESPONSE to #32 Motion to Stay Discovery by Defendants Jessie Wade, Keith Wade, Counter Claimants Jessie Wade, Jessie Wade, Keith Wade, Keith Wade. Replies due by 4/13/2020. (Gordon, Aviva) [Transferred from nvd on 8/13/2020.] |
| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 4/6/2020. This case has been set for an early neutral evaluation. In light of recent health events, the Court ORDERS any attorney or other participant must not appear for the early neutral evaluation if he or she feels sick. In such a circumstance, counsel must promptly meet-and-confer on the potential for stipulating to relief, whether that be a continuance, permission for remote appearance, or otherwise. A stipulation, motion, or status report must be promptly filed on the docket addressing the situation and counsel must concurrently telephone the undersigned's courtroom deputy about that filing being made. To the extent time does not allow for a meet-and-confer or a proper filing on the docket, counsel must promptly telephone the undersigned's courtroom deputy about the situation. The undersigned's courtroom administrator is Ari Caytuero, who can be reached at (702) 464-5566.(no image attached) (Copies have been distributed pursuant to the NEF - TM) [Transferred from nvd on 8/13/2020.] |
| Filing 34 RESPONSE to #31 Motion to Dismiss by Defendants Jessie Wade, Keith Wade, Counter Claimants Jessie Wade, Jessie Wade, Keith Wade, Keith Wade. Replies due by 4/8/2020. (Gordon, Aviva) [Transferred from nvd on 8/13/2020.] |
| Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 3/31/2020. Re #22 Motion to Dismiss. In light of the filing of the amended counterclaim #25 , which supersedes the original pleading and moots the motion to dismiss #22 , IT IS HEREBY ORDERED that the motion to dismiss the original counterclaim against Ahern Rentals, Inc. #22 is DENIED without prejudice. (no image attached) (Copies have been distributed pursuant to the NEF - CS) [Transferred from nvd on 8/13/2020.] |
| Filing 32 MOTION to Stay Discovery re #25 Counterclaim, by Plaintiff Ahern Rentals, Inc. (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 31 MOTION to Dismiss #25 Amended Counterclaim, by Plaintiff Ahern Rentals, Inc. Responses due by 4/1/2020. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 30 REPLY to #26 Response to #22 Motion to Dismiss by Plaintiff Ahern Rentals, Inc. (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 29 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JQC) [Transferred from nvd on 8/13/2020.] |
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Filing 28
SCHEDULING ORDER Granting #27 Stipulation. Discovery due by 7/21/2020. Motions due by 8/21/2020. Proposed Joint Pretrial Order due by 9/21/2020. Signed by Magistrate Judge Cam Ferenbach on 3/9/2020. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from nvd on 8/13/2020.]
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| Filing 27 STIPULATED Discovery Plan and Scheduling Order by Plaintiff Ahern Rentals, Inc. (Thompson, Amy) Modified on 3/6/2020 to correct event (SLD). [Transferred from nvd on 8/13/2020.] |
| Filing 26 RESPONSE to #22 Motion to Dismiss, by Counter Claimants Jessie Wade, Keith Wade. Replies due by 3/12/2020. (Gordon, Aviva) [Transferred from nvd on 8/13/2020.] |
| Filing 25 AMENDED ANSWER and COUNTERCLAIM against Ahern Rentals, Inc., filed by Keith Wade, Jessie Wade.(Gordon, Aviva) [Transferred from nvd on 8/13/2020.] |
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Filing 24
ORDER granting #23 STIPULATION TO CONTINUE (First Request) Early Neutral Evaluation. Settlement documents are due by 4/27/2020. Early Neutral Evaluation is RESET for 5/4/2020 at 09:30 AM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. All other requirements in the previous #20 Order continue to govern. Signed by Magistrate Judge Nancy J. Koppe on 2/27/2020. (Copies have been distributed pursuant to the NEF - DRS) [Transferred from nvd on 8/13/2020.]
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| Filing 23 STIPULATION TO CONTINUE (First Request) Early Neutral Evaluation re #20 Order by Defendant Equipmentshare.com, Inc. (Langberg, Mitchell) Modified on 2/27/2020 to link document pursuant to LR IC 2-2(d) (SLD). [Transferred from nvd on 8/13/2020.] |
| Filing 22 MOTION to Dismiss #17 Counterclaim by Plaintiff Ahern Rentals, Inc., Counter Defendant Ahern Rentals, Inc. Responses due by 3/5/2020. (Attachments: #1 Index, #2 Exhibit 1 - Jessie Wade Agreement, #3 Exhibit 2 - Keith Wade Agreement) (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 21 Joint STATUS REPORT Concerning Removal by Plaintiff Ahern Rentals, Inc.. (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
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Filing 20
ORDER setting Early Neutral Evaluation session. Early Neutral Evaluation set for 3/11/2020 at 09:30 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. The written evaluation statements shall be submitted, in an envelope marked "Confidential," directly to the undersigned's box in the Clerk's Office no later than 3:00 p.m. on 3/4/20. Signed by Magistrate Judge Nancy J. Koppe on 2/12/2020. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from nvd on 8/13/2020.]
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| Filing 19 NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Nancy J. Koppe will be the evaluating judge in this case. (no image attached) (SLD) [Transferred from nvd on 8/13/2020.] |
| Filing 18 NOTICE Pursuant to LR 16-6(b) by Jessie Wade, Keith Wade re #17 Answer to Complaint, Counterclaim. (Gordon, Aviva) [Transferred from nvd on 8/13/2020.] |
| Filing 17 ANSWER to Complaint, COUNTERCLAIM against Ahern Rentals, Inc. by Jessie Wade, Keith Wade, filed by Jessie Wade, Keith Wade.(Gordon, Aviva) Modified text on 2/4/2020 (MMM). [Transferred from nvd on 8/13/2020.] |
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Filing 16
ORDER. Based on the parties' stipulation [ECF No. #15 ] and good cause appearing, IT IS SO ORDERED. The Emergency Motion for Preliminary Injunction [ECF No. #10 ] is DENIED as moot, and the 2/6/2020 hearing on that motion [ECF No. 11] is VACATED. Signed by Judge Jennifer A. Dorsey on 2/3/2020. (Copies have been distributed pursuant to the NEF - DC) [Transferred from nvd on 8/13/2020.]
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| Filing 15 STIPULATION for Preliminary Injunction by Plaintiff Ahern Rentals, Inc.. (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 14 STATEMENT REGARDING REMOVAL by Defendant Equipmentshare.com, Inc.. (Ellis, Emily) [Transferred from nvd on 8/13/2020.] |
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Filing 13
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael E. Brewer for Equipmentshare.com, Inc. and approving Designation of Local Counsel Mitchell J. Langberg. Signed by Judge Jennifer A. Dorsey on 1/24/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - ADR) [Transferred from nvd on 8/13/2020.]
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| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael E. Brewer and DESIGNATION of Local Counsel Mitchell J. Langberg (Filing fee $ 250 receipt number 0978-5860520) by Defendant Equipmentshare.com, Inc.. (Langberg, Mitchell) [Transferred from nvd on 8/13/2020.] |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 1/23/2020. By Deputy Clerk: Danielle Cacciabaudo. Re #10 Emergency Motion for Preliminary Injunction. Good cause appearing, IT IS HEREBY ORDERED that the briefing schedule for plaintiff's Emergency Motion for Preliminary Injunction is shortened. Defendants have until January 31, 2020, to file any response to the motion; plaintiff will then have until February 4, 2020, to file a reply. The motion #10 will be heard on February 6, 2020, at 03:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (no image attached) (Copies have been distributed pursuant to the NEF - DC) [Transferred from nvd on 8/13/2020.] |
| Filing 10 Emergency MOTION for Preliminary Injunction by Plaintiff Ahern Rentals, Inc.. Responses due by 2/5/2020. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7) (Hicks, Patrick) [Transferred from nvd on 8/13/2020.] |
| Filing 9 CERTIFICATE of Interested Parties by Jessie Wade, Keith Wade. There are no known interested parties other than those participating in the case (Gordon, Aviva) [Transferred from nvd on 8/13/2020.] |
| Filing 8 ANSWER re #3 Petition for Removal, to Complaint for Damages and Injunctive Relief filed by Equipmentshare.com, Inc.. Discovery Plan/Scheduling Order due by 3/6/2020.(Ellis, Emily) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 8/13/2020.] |
| Filing 7 CERTIFICATE of Interested Parties by Ahern Rentals, Inc.. There are no known interested parties other than those participating in the case (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 6 CERTIFICATE of Interested Parties by Equipmentshare.com, Inc.. There are no known interested parties other than those participating in the case (Ellis, Emily) [Transferred from nvd on 8/13/2020.] |
| Filing 5 DEMAND for Trial by Jury by Plaintiff Ahern Rentals, Inc.. (Thompson, Amy) [Transferred from nvd on 8/13/2020.] |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 1/15/2020. Statement regarding removed action is due by 1/30/2020. Joint Status Report regarding removed action is due by 2/14/2020. (Copies have been distributed pursuant to the NEF - SLD) [Transferred from nvd on 8/13/2020.] |
| Filing 3 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-19-807330-B, (Filing fee $ 400 receipt number 0978-5846939) by Equipmentshare.com, Inc.. (Attachments: #1 Exhibit A and B) (Langberg, Mitchell) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 8/13/2020.] |
| Filing 2 CLERK'S NOTICE. Attorney Action Required to ECF No. #1 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. #1 using the appropriate docket entry title "Petition Removal" located under the Commencement of an Action category and pay the $400.00 filing fee. (no image attached) (DKJ) [Transferred from nvd on 8/13/2020.] |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (SLD) [Transferred from nvd on 8/13/2020.] |
| Filing 1 ERROR: Incorrect event selected and filing fee not paid. Counsel is advised to refile correctly and pay the $400.00 filing fee. Document #1 is terminated as filed in error. STATEMENT REGARDING REMOVAL by Defendant Equipmentshare.com, Inc.. (Attachments: #1 Exhibit A and B, #2 Civil Cover Sheet) (Langberg, Mitchell) [Transferred from nvd on 8/13/2020.] |
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