Miller et al v. O'Reilly Automotive, Inc. et al
| Kenny Higgs and Joe Miller |
| O'Reilly Automotive, Inc., O'Reilly Automotive Stores, Inc., Omni Specialty Packaging, LLC and Ozark Automotive Distributors, Inc. |
| 4:2018cv00687 |
| August 30, 2018 |
| US District Court for the Western District of Missouri |
| Ortrie D Smith |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 19, 2018. A more recent docket listing may be available from PACER.
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| Filing 16 CERTIFICATE OF SERVICE by All Defendants for Defendants' First Set of Interrogatories and Requests for Production directed to Plaintiffs Joe Miller and Kenny Higgs filed by Thomas P. Berra, Jr on behalf of Defendants O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc..(Berra, Thomas) |
| Filing 15 CERTIFICATE OF SERVICE by Kenny Higgs, Joe Miller filed by Dirk L. Hubbard on behalf of Plaintiffs Kenny Higgs, Joe Miller.(Hubbard, Dirk) |
Filing 14
ORDER (1) DISMISSING WITHOUT PREJUDICE COUNTS II AND III OF PLAINTIFFS' CLASS ACTION PETITION, AND (2) FINDING AS MOOT DEFENDANTS' MOTION TO DISMISS COUNTS II AND III. Signed on 10/3/18 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea)
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| Filing 13 STIPULATION of dismissal without Prejudice of Plaintiff's Breach of Warranty Claims (Counts II & III) ONLY by Kenny Higgs, Joe Miller. (Hubbard, Dirk) |
| Filing 12 DISCLOSURE OF CORPORATE INTERESTS filed by Thomas P. Berra, Jr on behalf of Defendant Omni Specialty Packaging, LLC.(Berra, Thomas) |
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Filing 11
ORDER granting Plaintiffs' motion for extension of time (Doc. #9), and overruling Defendants' objections to Plaintiffs' motion. Plaintiffs shall file their response to Defendants' motion to dismiss (Doc. #7) by no later than 10/4/2018 unless otherwise directed by the court. Signed on 9/19/2018 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia)
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| Reset Deadlines as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Suggestions in opposition due by 10/4/2018 unless otherwise directed by the court. (Kitsmiller, Julia) |
| Filing 10 SUGGESTIONS in opposition re #9 MOTION for extension of time to respond to Defendants' Motion to Dismiss filed by Thomas P. Berra, Jr on behalf of Defendants O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc.. Reply suggestions due by 10/2/2018 unless otherwise directed by the court. (Related document(s) #9 ) (Berra, Thomas) |
| Filing 9 MOTION for extension of time filed by Dirk L. Hubbard on behalf of Kenny Higgs, Joe Miller. Suggestions in opposition/response due by 9/28/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit 1)(Hubbard, Dirk) |
| Filing 8 SUGGESTIONS in support re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Motion to Dismiss Breach of Warranty Claims (Counts II and III) of Class Action Petition) filed by Thomas P. Berra, Jr on behalf of Defendants O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc.. (Related document(s) #7 ) (Berra, Thomas) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Motion to Dismiss Breach of Warranty Claims (Counts II and III) of Class Action Petition) filed by Thomas P. Berra, Jr on behalf of O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc.. Suggestions in opposition/response due by 9/20/2018 unless otherwise directed by the court. (Berra, Thomas) |
| Filing 6 ANSWER to Complaint with Jury Demand on behalf of O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc..(Berra, Thomas) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
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Filing 5
RULE 502(d) ORDER - Signed on 9/4/18 by District Judge Ortrie D. Smith. (O'Connor, Stacy)
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Filing 4
RULE 16 NOTICE - Rule 26 conference due by 10/19/2018. Proposed scheduling order due by 11/2/2018. Corporate disclosures due by 9/19/2018. Signed on 9/4/18 by District Judge Ortrie D. Smith. (O'Connor, Stacy)
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| Filing 3 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Thomas P. Berra, Jr on behalf of Defendants O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc..(Berra, Thomas) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Cass County, Missouri County, case number 18CA-CC00153, filed by Thomas P. Berra, Jr on behalf of All Defendants. Filing fee $ 400, receipt number AMOWDC-5918684. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Berra, Thomas) |
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