Ahern Rentals, Inc. v. EquipmentShare.com Inc et al
| Ahern Rentals, Inc. |
| Dale Lawrence, Seth Taylor and EquipmentShare.com Inc |
| 2:2020cv04147 |
| August 13, 2020 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Contract: Other |
| 28 U.S.C. § 1331 |
| 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 32 CASE TRANSFERRED IN from District of Texas Southern; Case Number 2:20-cv-00046. |
| Interdistrict transfer to Western District of Missouri. Case transferred electronically. (lgouadi, 4) [Transferred from txsd on 8/13/2020.] |
| Filing 30 STATUS REPORT by EquipmentShare.com Inc, filed. (Attachments: #1 Exhibit A - MDL Transfer Order)(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
| Filing 31 JPML TRANSFER ORDER transferring case to Western District of Missouri to be included in MDL Docket No. 2945. (lgouadi, 4) [Transferred from txsd on 8/13/2020.] |
| Filing 29 ANSWER to #1 State Court Petition/Notice of Removal by Seth Taylor, filed.(Canales, J) [Transferred from txsd on 8/13/2020.] |
| Filing 28 ANSWER to #1 State Court Petition/Notice of Removal by Dale Lawrence, filed.(Canales, J) [Transferred from txsd on 8/13/2020.] |
Filing 27
ORDER granting #19 Motion to Stay. Case is STAYED pending resolution of the transfer petition. Parties are DIRECTED to file a joint status report..(Signed by Judge David S Morales) Parties notified.(amartinez, 2) [Transferred from txsd on 8/13/2020.]
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| Filing 26 DECLARATION of Nicholas O. Kennedy in Support of Defendant Equipmentshare.com Inc.'s Unopposed Motion for Leave to Submit Supplemental Information Regarding Defendants' Motion to Temporarily Stay Action, filed.(vrios, 2) [Transferred from txsd on 8/13/2020.] |
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Filing 25
ORDER granting #24 Motion for Leave to File Supplemental Information regarding Defendant's Motion for Temporary Stay.(Signed by Judge David S Morales) Parties notified.(vrios, 2) [Transferred from txsd on 8/13/2020.]
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| Filing 24 Unopposed MOTION for Leave to File Supplemental Information regarding Defendants' Motion to Temporarily Stay Action by EquipmentShare.com Inc, filed. Motion Docket Date 7/20/2020. (Attachments: #1 Exhibit 1 - Declaration of Nicholas Kennedy)(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
| Filing 23 REPLY in Support of #19 MOTION to Stay Action Temporarily Pending The Transfer Decision By The Judicial Panel On Multidistrict Litigation, filed by EquipmentShare.com Inc. (Attachments: #1 Exhibit 1 - Counsel Communication, #2 Exhibit 2 - Declaration of Nicholas Kennedy, #3 Exhibit 3 - Federal Court Management Statistics)(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
| Filing 22 NOTICE of Appearance by J. A. Canales on behalf of Dale Lawrence, Seth Taylor, filed. (Canales, J) [Transferred from txsd on 8/13/2020.] |
| Filing 21 RESPONSE in Opposition to #19 MOTION to Stay Action Temporarily Pending The Transfer Decision By The Judicial Panel On Multidistrict Litigation, filed by Ahern Rentals, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Neighbors, Allan) [Transferred from txsd on 8/13/2020.] |
| Filing 20 INITIAL DISCLOSURES by Dale Lawrence, Seth Taylor, filed.(Canales, J) [Transferred from txsd on 8/13/2020.] |
| Filing 19 MOTION to Stay Action Temporarily Pending The Transfer Decision By The Judicial Panel On Multidistrict Litigation by EquipmentShare.com Inc, filed. Motion Docket Date 6/18/2020. (Attachments: #1 Exhibit 1 - Declaration of Nicholas O. Kennedy, #2 Proposed Order)(Kennedy, Nicholas) [Transferred from txsd on 8/13/2020.] |
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Filing 18
PROPOSED SCHEDULING ORDER. Amended Pleadings due by 12/11/2020. Joinder of Parties due by 12/11/2020 Pltf Expert Witness List due by 12/11/2020. Deft Expert Witness List due by 1/15/2021. Demand Letter due by 1/8/2021 Discovery due by 2/12/2021. Mediation due by 2/12/2021. Dispositive Motion Filing due by 2/12/2021. Responses due by 5/27/2021. Joint Pretrial Order due by 5/20/2021. Final Pretrial Conference set for 6/2/2021 at 09:00 AM before Judge David S Morales Jury Selection set for 6/21/2021 at 08:30 AM before Judge David S Morales Jury Trial set for 6/21/2021 at 08:30 AM before Judge David S Morales Status Conference set for 4/8/2021 at 10:15 AM before Judge David S Morales(Signed by Judge David S Morales) Parties notified.(grogan, 2) [Transferred from txsd on 8/13/2020.]
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| Minute Entry for proceedings by telephone held before Judge David S Morales. INITIAL PRETRIAL CONFERENCE held on 5/20/2020. Ruling on motion to consolidate related pending lawsuits should be decided by July 2020. Defense to file motion to stay pending MDL decision. Initial Disclosures to be exchanged. The parties' proposed scheduling order is agreed to by the Court and will be entered. Appearances: Allan Huddleston Neighbors, IV, Allen Said Al-Haj, Mark David Taylor.(Digital # 9:19 - 9:30)(ERO: Mara Salas), filed.(arodriguez, 2) [Transferred from txsd on 8/13/2020.] |
| Filing 17 WAIVER OF SERVICE Returned Executed as to Seth Taylor served on 5/19/2020, answer due 7/20/2020, filed.(Canales, J) [Transferred from txsd on 8/13/2020.] |
| Filing 16 WAIVER OF SERVICE Returned Executed as to Dale Lawrence served on 5/19/2020, answer due 7/20/2020, filed.(Canales, J) [Transferred from txsd on 8/13/2020.] |
| Filing 15 NOTICE of Setting. Parties notified. Telephone Conference (IPTC) set for 5/20/2020 at 09:15 AM before Judge David S Morales, filed. (arodriguez, 2) [Transferred from txsd on 8/13/2020.] |
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Filing 14
ORDER denying #4 Motion to Remand.(Signed by Judge David S Morales) Parties notified.(fcarbia, 2) [Transferred from txsd on 8/13/2020.]
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Filing 13
ORDER denying DE #9 Plaintiffs motion to strike EquipmentShares notice of supplemental authority and DE #8 EquipmentShares notice of supplemental authority is deemed filed with leave of court.(Signed by Judge David S Morales) Parties notified.(vrios, 2) [Transferred from txsd on 8/13/2020.]
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| Filing 12 ANSWER to #1 State Court Petition/Notice of Removal by EquipmentShare.com Inc, filed.(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
| Filing 11 JOINT DISCOVERY/CASE MANAGEMENT PLAN by EquipmentShare.com Inc, filed. (Attachments: #1 Exhibit A)(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
| Filing 10 NOTICE of Appearance by Allen Al-Haj on behalf of EquipmentShare.com Inc, filed. (Al-Haj, Allen) [Transferred from txsd on 8/13/2020.] |
| Filing 9 MOTION to Strike #8 Notice (Other) ** PLAINTIFF AHERN RENTALS, INC.'S MOTION TO STRIKE DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY ** by Ahern Rentals, Inc., filed. Motion Docket Date 5/8/2020. (Attachments: #1 Proposed Order)(Neighbors, Allan) [Transferred from txsd on 8/13/2020.] |
| Filing 8 NOTICE of Supplemental Authority In Support Of re: #6 Response in Opposition to Motion by EquipmentShare.com Inc, filed. (Attachments: #1 Exhibit A)(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
| Filing 7 REPLY in Support of #4 MOTION to Remand, filed by Ahern Rentals, Inc.. (Neighbors, Allan) [Transferred from txsd on 8/13/2020.] |
| Filing 6 RESPONSE in Opposition to #4 MOTION to Remand, filed by EquipmentShare.com Inc. (Attachments: #1 Proposed Order)(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PARTIES by Ahern Rentals, Inc., filed.(Neighbors, Allan) [Transferred from txsd on 8/13/2020.] |
| Filing 4 MOTION to Remand by Ahern Rentals, Inc., filed. Motion Docket Date 4/2/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order, #6 Appendix)(Neighbors, Allan) [Transferred from txsd on 8/13/2020.] |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by EquipmentShare.com Inc, filed.(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Pretrial Conference set for 5/20/2020 at 09:15 AM before Judge David S Morales(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) [Transferred from txsd on 8/13/2020.]
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| Filing 1 NOTICE OF REMOVAL from 319th District Court, Nueces County, case number 2020-DCV-0413-G (Filing fee $ 400 receipt number 0541-24210118) filed by EquipmentShare.com Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Taylor, Mark) [Transferred from txsd on 8/13/2020.] |
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