Ahern Rentals Inc v. EquipmentShare.com Inc et al
| Ahern Rentals Inc |
| Jay Mitchell and EquipmentShare.com Inc |
| 2:2020cv04157 |
| August 18, 2020 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 26 CASE TRANSFERRED IN from District of Texas Northern; Case Number 1:20-cv-00106. |
| Filing 25 Conditional Transfer Order: The JPML has issued the attached order in MDL 2945, and that order has now been filed in the Western District of Missouri. (jak) [Transferred from txnd on 8/18/2020.] |
| Filing 24 NOTICE of Transfer Order by United States Judicial Panel on Multidistrict Litigation filed by EquipmentShare.com Inc, Jay Mitchell (Attachments: #1 Exhibit(s) A - Conditional Transfer Order filed on 8/10, #2 Exhibit(s) B - Finalized Conditional Transfer Order filed on 8/18) (Taylor, Mark) [Transferred from txnd on 8/18/2020.] |
Filing 23
ORDER: Before the Court is the defendants' Motion to Temporarily Stay Action Pending the Transfer Decision by the Judicial Panel on Multidistrict Litigation. Dkt. No. #15 . The motion is granted, and it is ordered that this action is stayed pending resolution of the transfer petition. (Ordered by Judge James Wesley Hendrix on 7/24/2020) (jak) [Transferred from txnd on 8/18/2020.]
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| Filing 22 REPLY filed by EquipmentShare.com Inc, Jay Mitchell re: #15 MOTION to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation (Attachments: #1 Declaration(s) of Meghan Hausler) (Hausler, Meghan) [Transferred from txnd on 8/18/2020.] |
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Filing 21
ORDER: The parties have stipulated and agreed that the defendants' pending motions to dismiss #12 , #14 should be withdrawn in light of Ahern's First Amended Complaint #16 . Having considered the stipulation and the relevant record, the Court orders that the defendants' pending motions to dismiss are withdrawn as moot. The defendants shall file their responses to Ahern's First Amended Complaint by July 31, 2020. (Ordered by Judge James Wesley Hendrix on 7/17/2020) (jak) [Transferred from txnd on 8/18/2020.]
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| Filing 20 STIPULATION to Withdraw Defendants' Motion to Dismiss by EquipmentShare.com Inc, Jay Mitchell. (Attachments: #1 Proposed Order) (Hausler, Meghan) [Transferred from txnd on 8/18/2020.] |
| Filing 19 RESPONSE filed by Ahern Rentals Inc re: #15 MOTION to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation (Attachments: #1 Exhibit(s) A) (Craig, Robert) [Transferred from txnd on 8/18/2020.] |
| Filing 18 **REFILED AT #19 per instructions of JWH chambers.** RESPONSE filed by Ahern Rentals Inc re: #15 MOTION to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation (Craig, Robert) Modified on 7/15/2020 (jak). [Transferred from txnd on 8/18/2020.] |
| Filing 17 RESPONSE filed by Ahern Rentals Inc re: #12 MOTION to Dismiss Plaintiff's Original Petition, and Brief in Support, #14 MOTION to Dismiss Plaintiff's Original Petition (Craig, Robert) [Transferred from txnd on 8/18/2020.] |
| Filing 16 AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants filed by Ahern Rentals Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Craig, Robert) [Transferred from txnd on 8/18/2020.] |
| Filing 15 MOTION to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation filed by EquipmentShare.com Inc (Attachments: #1 Declaration(s) A - Declaration of Meghan Hausler, #2 Proposed Order) (Hausler, Meghan) [Transferred from txnd on 8/18/2020.] |
| Filing 14 MOTION to Dismiss Plaintiff's Original Petition filed by EquipmentShare.com Inc (Attachments: #1 Proposed Order) (Taylor, Mark) [Transferred from txnd on 8/18/2020.] |
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Filing 13
SCHEDULING ORDER: Dispositive Motions due by 6/1/2021. Discovery due by 5/17/2021. Jury Trial set for 9/13/2021 before Judge James Wesley Hendrix. See Order for further instruction and deadlines. (Ordered by Judge James Wesley Hendrix on 6/19/2020) (jmc) [Transferred from txnd on 8/18/2020.]
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| Filing 12 MOTION to Dismiss Plaintiff's Original Petition, and Brief in Support filed by Jay Mitchell with Brief/Memorandum in Support. (Bustos, Fernando) [Transferred from txnd on 8/18/2020.] |
| Filing 11 Joint Report Regarding Contents of Scheduling Order by Ahern Rentals Inc. (Craig, Robert) Modified on 6/18/2020 to reflect title of document filed (jak). [Transferred from txnd on 8/18/2020.] |
| Filing 10 DEMAND for Trial by Jury by Ahern Rentals Inc. (Craig, Robert) [Transferred from txnd on 8/18/2020.] |
| Filing 9 NOTICE of Attorney Appearance by Meghan Elizabeth Hausler on behalf of EquipmentShare.com Inc. (Filer will update contact info in ECF.) (Hausler, Meghan) [Transferred from txnd on 8/18/2020.] |
| Filing 8 Joint STIPULATION to Extend Time to Answer or Otherwise Respond to Petition/Complaint by EquipmentShare.com Inc. (Attachments: #1 Proposed Order) (Taylor, Mark) [Transferred from txnd on 8/18/2020.] |
| Filing 7 NOTICE of filing in multidistrict litigation filed by EquipmentShare.com Inc, Justin Mitchell. (jak) [Transferred from txnd on 8/18/2020.] |
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Filing 6
Order Requiring Scheduling Conference and Report for Contents of Scheduling Order. Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer at a scheduling conference as soon as practicable, but in any event no later than June 4, 2020. During the scheduling conference, the parties shall consider (1) the nature and basis for their claims and defenses; (2) the possibilities for a prompt resolution of the case; (3) arrangements for the disclosures required by Fed. R. Civ. P. 26(a)(1); and (4) preparation of the report. The Joint Report shall be filed on or before June 18, 2020. (Ordered by Judge James Wesley Hendrix on 5/21/2020) (jmc) [Transferred from txnd on 8/18/2020.]
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| Filing 5 Summons Issued as to Jay Mitchell. (jak) Modified on 6/2/2020 for correct name of defendant (jak). [Transferred from txnd on 8/18/2020.] |
| Filing 4 Request for Clerk to issue Summons filed by Ahern Rentals Inc. (Craig, Robert) [Transferred from txnd on 8/18/2020.] |
| Filing 3 New Case Notes: A filing fee has been paid. (jak) [Transferred from txnd on 8/18/2020.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EquipmentShare.com Inc. (Kennedy, Nicholas) [Transferred from txnd on 8/18/2020.] |
| Filing 1 NOTICE OF REMOVAL from 32nd Judicial District Court - Mitchell County, case number 17504 filed by EquipmentShare.com Inc. (Filing fee $400; receipt number 0539-10836232) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A (Original Petition), #2 Exhibit(s) B (Index of State Court Pleadings), #3 Exhibit(s) C (State Court Docket), #4 Exhibit(s) D-1 (Plaintiff's Original Petition), #5 Exhibit(s) D-2 (Civil Process Request), #6 Exhibit(s) D-3 (Civil Process Request), #7 Exhibit(s) E (Certificate of Interested Persons), #8 Cover Sheet, #9 Cover Sheet Supplement) (Kennedy, Nicholas) [Transferred from txnd on 8/18/2020.] |
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