Singh v. Summit Truck Group et al
| Gagandeep Singh |
| Summit Truck Group, Louis Sims, GT Truck Sales and Does 1 Through 5 |
| 3:2023cv05057 |
| August 21, 2023 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ORDER DISMISSING DEFENDANT LOUIS SIMS WITHOUT PREJUDICE FOR FAILURE TO EFFECT SERVICE. Defendant Louis Sims is DISMISSED WITHOUT PREJUDICE because he was not served within the time allotted. Signed on 10/2/23 by Chief District Judge Beth Phillips. A copy of this Order was mailed via regular US Mail on 10/2/23 to Gagandeep Singh, 16100 Vergennes Court, Bakersfield, CA 93314. (Cordell, Annette)
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Filing 40
ORDER TO SHOW CAUSE WHY DEFENDANTS' MOTIONS SHOULD NOT BE GRANTED. Plaintiff shall have until and including October 17, 2023, to respond and show cause why Defendants' Motions to Dismiss should not be granted. Signed on 10/2/23 by Chief District Judge Beth Phillips. A copy of this Order was mailed via regular US Mail on 10/2/23 to Gagandeep Singh, 16100 Vergennes Court, Bakersfield, CA 93314. (Cordell, Annette)
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| Filing 39 SUGGESTIONS in support re #38 MOTION for summary judgment filed by Robert H. Schnieders on behalf of Defendant GT Truck Sales. (Attachments: #1 Affidavit Affidavit of Tye Morrison with Bill of Sale)(Related document(s) #38 ) (Schnieders, Robert) |
| Filing 38 MOTION for summary judgment filed by Robert H. Schnieders on behalf of GT Truck Sales. Suggestions in opposition/response due by 9/26/2023 unless otherwise directed by the court. (Schnieders, Robert) |
| Filing 37 SUGGESTIONS in support re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michelle R Stewart on behalf of Defendant Summit Truck Group. (Related document(s) #36 ) (Stewart, Michelle) |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michelle R Stewart on behalf of Summit Truck Group. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Stewart, Michelle) |
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Filing 35
ORDER. RULE 16 NOTICE. Proposed scheduling order due by 10/11/2023. Rule 26 conference due by 9/27/2023. Signed on 8/24/23 by Chief District Judge Beth Phillips. A copy of this Order-Rule 16 was mailed via regular US Mail on 8/24/23 to Gagandeep Singh, 16100 Vergennes Court, Bakersfield, CA 93314. (Cordell, Annette)
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Filing 34
ORDER granting #31 Motion for Extension of Time to Answer. Summit Truck Group answer due 8/24/2023. Signed on 8/21/2023 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) Modified on 8/22/2023 copy of NEF mailed to pro se plaintiff Gagandeep Singh at the address listed on the docket (Siegert, Karen).
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| Filing 33 CASE TRANSFERRED IN from District of Missouri Eastern; Case Number 4:22-cv-00901. |
| Filing 32 Docket Text ORDER: Re: #30 MOTION to Withdraw as Attorney and Entry of Appearance of Substituted Lead Counsel re attorney/firm Megan D. Meadows and Catherine L. Schwarze of Spencer Fane, LLP by Defendant Summit Truck Group. (Stewart, Michelle) ; ORDERED GRANTED. Signed by Chief District Judge Stephen R. Clark on 8/10/23. (JAB) [Transferred from moed on 8/21/2023.] |
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ORDER RECEIPT: (see receipt) Docket No: 32. Mailed to party not set-up for electronic notification Thu Aug 10 11:05:13 CDT 2023 (Bernsen, John) [Transferred from moed on 8/21/2023.]
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| Filing 31 MOTION for Extension of Time to File Answer by Defendant Summit Truck Group. (Stewart, Michelle) [Transferred from moed on 8/21/2023.] |
| Filing 30 MOTION to Withdraw as Attorney and Entry of Appearance of Substituted Lead Counsel re attorney/firm Megan D. Meadows and Catherine L. Schwarze of Spencer Fane, LLP by Defendant Summit Truck Group. (Stewart, Michelle) [Transferred from moed on 8/21/2023.] |
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Filing 29
ORDER TRANSFERRING VENUE: This matter is before the Court on Defendant GT Truck Sales' Motion to Transfer Venue. Doc. 18. Having considered the Motion and Memorandum in Support, Docs. 17 & 18, the Court concludes that the Motion which is unopposed and is now ripeis well-founded. See 28 U.S.C. 1404(a); 28 U.S.C. 1391. Accordingly, the Court grants the unopposed #18 Motion to Transfer Venue and directs the Clerk of Court to transfer this matter in its entirety to the United States District Court for the Western District of Missouri. (Case to be transferred after 8/18/2023) Signed by Chief District Judge Stephen R. Clark on 8/4/23. (JAB) [Transferred from moed on 8/21/2023.]
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ORDER RECEIPT: (see receipt) Docket No: 29. Mailed to party not set-up for electronic notification Fri Aug 4 09:18:24 CDT 2023 (Bernsen, John) [Transferred from moed on 8/21/2023.]
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| Filing 28 CJRA ORDER (GJL). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to Chief District Judge Stephen R. Clark for all further proceedings. (EAB) [Transferred from moed on 8/21/2023.] |
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ORDER RECEIPT: (see receipt) Docket No: 28. copy sent to non-electronic party on this date. Thu Aug 3 13:11:37 CDT 2023 (Brown, Erica) [Transferred from moed on 8/21/2023.]
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Filing 27
Docket Text ORDER: Re #23 Unopposed MOTION for Extension of Time to File Answer re #5 Amended Complaint by Defendant Summit Truck Group; ORDERED GRANTED. (Response to Court due by 8/9/2023). Signed by Magistrate Judge Shirley Padmore Mensah on 8/2/23. (EAB) [Transferred from moed on 8/21/2023.]
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ORDER RECEIPT: (see receipt) Docket No: 27. copy sent to non-electronic party on this date. Wed Aug 2 11:45:46 CDT 2023 (Brown, Erica) [Transferred from moed on 8/21/2023.]
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| Notice from Clerk instructing Defendants GT Truck Sales and Summit Truck Group to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 8/7/2023. (EAB) [Transferred from moed on 8/21/2023.] |
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Filing 26
ORDER. IT IS HEREBY ORDERED that Plaintiff Gagandeep Singh shall, no later than Thursday, August 3, 2023, provide proof of service for each defendant to this Court, in accordance with Rule 4(l) of the Federal Rules of Civil Procedure. This is not an extension of the deadline for Plaintiff to serve defendants; that deadline has expired. Failure to comply with this order with respect to any defendant may result in the prompt dismissal of Plaintiff's claims against that defendant. (Proof of Service due by 8/3/2023). Signed by Magistrate Judge Shirley Padmore Mensah on 7/20/23. (EAB) [Transferred from moed on 8/21/2023.]
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ORDER RECEIPT: (see receipt) Docket No: 26. copy sent to non-electronic party on this date. Thu Jul 20 10:01:16 CDT 2023 (Brown, Erica) [Transferred from moed on 8/21/2023.]
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Filing 25
ORDER. IT IS HEREBY ORDERED that Plaintiff Gagandeep Singh shall file a response to the Motion to Transfer Case this case to the Western District of Missouri (Doc. 18) no later than Thursday, July 27, 2023. (Response to Court due by 7/27/2023). Signed by Magistrate Judge Shirley Padmore Mensah on 7/19/23. (EAB) [Transferred from moed on 8/21/2023.]
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| Filing 24 ENTRY of Appearance by Megan D. Meadows for Defendant Summit Truck Group. (Meadows, Megan) [Transferred from moed on 8/21/2023.] |
| Filing 23 Unopposed MOTION for Extension of Time to File Answer re #5 Amended Complaint, by Defendant Summit Truck Group. (Schwarze, Catherine) [Transferred from moed on 8/21/2023.] |
| Filing 22 ENTRY of Appearance by Catherine L Schwarze for Defendant Summit Truck Group. (Schwarze, Catherine) [Transferred from moed on 8/21/2023.] |
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ORDER RECEIPT: (see receipt) Docket No: 25. copy sent to non-electronic party on this date. Wed Jul 19 16:11:51 CDT 2023 (Brown, Erica) [Transferred from moed on 8/21/2023.]
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Filing 21
Docket Text ORDER: Re #20 MOTION for Leave to Appear Pro Hac Vice Robert H. Schnieders filed by GT Truck Sales; ORDERED GRANTED. Signed by Magistrate Judge Shirley Padmore Mensah on 7/17/2023. (HMA) [Transferred from moed on 8/21/2023.]
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| Filing 20 MOTION for Leave to Appear Pro Hac Vice Robert H. Schnieders. 22-00901 The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10045989) by Defendant GT Truck Sales. (Attachments: #1 Letter CERTIFICATE OF ADMISSION AS AN ATTORNEY AT LAW)(Schnieders, Robert) [Transferred from moed on 8/21/2023.] |
| Filing 19 SEPARATE ANSWER to #5 Amended Complaint, by Summit Truck Group.(Schnieders, Robert) [Transferred from moed on 8/21/2023.] |
| Filing 18 MOTION to Transfer Case 22-00901 to Western District of Missouri by Defendant GT Truck Sales. (Schnieders, Robert) Modified on 7/14/2023 (JEB). [Transferred from moed on 8/21/2023.] |
| Filing 17 MEMORANDUM In Support of Motion to Transfer Case 22-00901 to Western District of Missouri by Defendant GT Truck Sales. (Schnieders, Robert) Modified on 7/14/2023 (JEB). [Transferred from moed on 8/21/2023.] |
| Filing 16 Letter to Tye Morrison from Clerk of Court returning pro se filings (letter and documents returned to Mr. Morrison by email). (KXS) [Transferred from moed on 8/21/2023.] |
| Filing 15 Summons Issued as to defendant Louis Sims and Summit Truck Group. The summons was emailed and mailed to Plaintiff. (EAB) [Transferred from moed on 8/21/2023.] |
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Filing 14
ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiff Gagandeep Singh's Request for Extension of Time to Serve Summons and Complaint to Defendants (Doc. #12 ) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Plaintiff shall effect service on Defendants no later than Wednesday, June 28, 2023. Failure to serve Defendant by Wednesday, June 28, 2023 will result in the prompt dismissal of this case, without prejudice, without further notice. Plaintiff is advised that the Court will not grant any additional extensions of time without a specific and detailed showing of good cause that includes a detailed list of each of the steps Plaintiff has taken to attempt to serve Defendant and an explanation of why those steps have failed. (Response to Court due by 6/28/2023.) Signed by Magistrate Judge Shirley Padmore Mensah on 5/22/2023. (HMA) [Transferred from moed on 8/21/2023.]
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ORDER RECEIPT: (see receipt) Docket No: 14. copy sent to non-electronic party on this date. Mon May 22 11:56:23 CDT 2023 (Aubuchon, Heather) [Transferred from moed on 8/21/2023.]
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| Filing 13 NOTICE OF PROCESS SERVER by Plaintiff Gagandeep Singh Process Server: ABC Legal, Seattle, WA. (EAB) [Transferred from moed on 8/21/2023.] |
| Filing 12 MOTION for Extension of Time to Serve Summons and Complaint to Defendants by Plaintiff Gagandeep Singh. (EAB) [Transferred from moed on 8/21/2023.] |
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Filing 11
ORDER: IT IS HEREBY ORDERED that Plaintiff Gagandeep Singh's Request for Extension of Time to Serve Summons and Complaint to Defendants (Doc. #8 ) is GRANTED IN PART and DENIED IN PART. Plaintiffs' request for an extension of time is GRANTED, but Plaintiff's request to be permitted to serve defendants by mail is DENIED. IT IS FURTHER ORDERED that Plaintiff shall effect service on Defendants no later than Monday, May 29, 2023. In the absence of good cause shown, failure to timely serve said defendants shall result in the dismissal of Plaintiff's claims as to said defendants without prejudice. (Response to Court due by 5/29/2023) Signed by Magistrate Judge Shirley Padmore Mensah on 4/5/2023. (JEB) [Transferred from moed on 8/21/2023.]
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ORDER RECEIPT: (see receipt) Docket No: 11. Copy sent to non-electronic party on this date. Wed Apr 5 15:42:56 CDT 2023 (Bailey, Jennifer) [Transferred from moed on 8/21/2023.]
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| Filing 10 NOTICE OF PROCESS SERVER by Plaintiff Gagandeep Singh Process Server: ABC Legal. (EAB) [Transferred from moed on 8/21/2023.] |
| Filing 9 SUPPLEMENTAL re #8 MOTION for Extension of Time to File by Plaintiff Gagandeep Singh. (EAB) [Transferred from moed on 8/21/2023.] |
| Filing 8 MOTION for Extension of Time to Serve Summons and Complaint by Plaintiff Gagandeep Singh. (EAB) [Transferred from moed on 8/21/2023.] |
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Filing 7
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the Clerk of Court shall send to plaintiff: (i) a file-stamped copy of the complaint; (ii) three (3) summons forms; (iii) a Notice of Intent to Use Private Process Server form; and (iv) three (3) Waiver of Service forms. IT IS FURTHER ORDERED that plaintiff shall cause service to be effected upon defendants no later than ninety (90) days from the date of this order. In the absence of good cause shown, failure to timely serve said defendants shall result in the dismissal of plaintiff's claims as to said defendants without prejudice. (Response to Court due by 2/28/2023) Signed by Magistrate Judge Shirley Padmore Mensah on 11/30/2022. (Copy of Order, Complaint and forms mailed to plaintiff 11/30/22)(JEB) [Transferred from moed on 8/21/2023.]
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| Filing 6 Letter from Clerk sent to Plaintiff Gagandeep Singh re: Failure to file Notice Regarding Magistrate Judge Jurisdiction. Notice re: Magistrate Judge Jurisdiction due by 11/28/2022. (Attachments: #1 Notice Regarding Magistrate Jurisdiction) (HMA) [Transferred from moed on 8/21/2023.] |
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ORDER RECEIPT: (see receipt) Docket No: 6. copy sent to non-electronic party on this date. Fri Nov 18 08:53:59 CST 2022 (Aubuchon, Heather) [Transferred from moed on 8/21/2023.]
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| Filing 5 FIRST AMENDED COMPLAINT against defendant Does 1 Through 5, GT Truck Sales, Louis Sims, Summit Truck Group, Non-Jury Demand, filed by Gagandeep Singh. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J)(HMA) [Transferred from moed on 8/21/2023.] |
| Filing 4 NOTICE of Change of Address by Plaintiff Gagandeep Singh (Address updated in CM/ECF; copy of Memo and Order #3 resent to new address.) (KXS) [Transferred from moed on 8/21/2023.] |
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ORDER RECEIPT: (see receipt) Docket No: 3. Fri Nov 4 09:01:07 CDT 2022 (Spurgeon, Katherine) [Transferred from moed on 8/21/2023.]
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Filing 3
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Clerk of Court shall send to plaintiff a copy of its motion for leave to proceed in forma pauperis form. IT IS FURTHER ORDERED that plaintiff must either file a motion for leave to proceed in forma pauperis or pay the full filing fee within thirty (30) days of the date of this order. IT IS FURTHER ORDERED that if plaintiff fails to either file a motion for leave to proceed in forma pauperis or pay the full filing fee within thirty (30) days of the date of this order, the Court will dismiss this action without prejudice and without further notice. IT IS FURTHER ORDERED that the Clerk of Court shall send to plaintiff a copy of the Courts civil complaint form. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court form within thirty (30) days of the date of this order. IT IS FURTHER ORDERED that if plaintiff fails to file an amended complaint on the Court form within thirty (30) days of the date of this order, this action will be dismissed without prejudice and without further notice. Signed by Magistrate Judge Shirley Padmore Mensah on 10/18/2022. (Attachments: #1 Attachment Application to Proceed Without Prepaying Fees or Costs, #2 Attachment Complaint for a Civil Case)(HMA) [Transferred from moed on 8/21/2023.]
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ORDER RECEIPT: (see receipt) Docket No: 3. copy sent to non-electronic party on this date. Tue Oct 18 13:01:52 CDT 2022 (Aubuchon, Heather) [Transferred from moed on 8/21/2023.]
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| Filing 2 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) [Transferred from moed on 8/21/2023.] |
| Filing 1 COMPLAINT against defendant Does 1 Through 5, GT Truck Sales, Louis Sims, Summit Truck Group, Non-Jury Demand, filed by Gagandeep Singh. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D - "Identification", #7 Exhibit E, #8 Exhibit F - Certificate of Title, State of Indiana)(JWD) [Clerk's note: Exhibits A, B, C, and E were received in an illegible format] [Transferred from moed on 8/21/2023.] |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) [Transferred from moed on 8/21/2023.] |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Aug 29 15:01:18 CDT 2022 (admin,) [Transferred from moed on 8/21/2023.] |
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