Miller et al v. O'Reilly Automotive, Inc. et al

Plaintiff: Kenny Higgs and Joe Miller
Defendant: O'Reilly Automotive, Inc., O'Reilly Automotive Stores, Inc., Omni Specialty Packaging, LLC and Ozark Automotive Distributors, Inc.
Case Number: 4:2018cv00687
Filed: August 30, 2018
Court: US District Court for the Western District of Missouri
Presiding Judge: Ortrie D Smith
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Both

Docket Report

This docket was last retrieved on October 19, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2018 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)
October 18, 2018 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)
October 3, 2018 Opinion or Order 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)
October 3, 2018 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)
September 19, 2018 Filing 12 DISCLOSURE OF CORPORATE INTERESTS filed by Thomas P. Berra, Jr on behalf of Defendant Omni Specialty Packaging, LLC.(Berra, Thomas)
September 19, 2018 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)
September 19, 2018 Opinion or Order 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)
September 18, 2018 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)
September 14, 2018 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)
September 6, 2018 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)
September 6, 2018 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)
September 6, 2018 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)
September 5, 2018 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)
September 4, 2018 Opinion or Order Filing 5 RULE 502(d) ORDER - Signed on 9/4/18 by District Judge Ortrie D. Smith. (O'Connor, Stacy)
September 4, 2018 Opinion or Order 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)
August 31, 2018 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)
August 31, 2018 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)
August 30, 2018 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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Search for this case: Miller et al v. O'Reilly Automotive, Inc. et al
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Defendant: O'Reilly Automotive, Inc.
Represented By: Thomas P. Berra, Jr.
Represented By: Robert W Tormohlen
Represented By: Edward T. Pivin
Represented By: Scott A Wissel
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Defendant: O'Reilly Automotive Stores, Inc.
Represented By: Thomas P. Berra, Jr.
Represented By: Robert W Tormohlen
Represented By: Edward T. Pivin
Represented By: Scott A Wissel
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Defendant: Omni Specialty Packaging, LLC
Represented By: Thomas P. Berra, Jr.
Represented By: Robert W Tormohlen
Represented By: Edward T. Pivin
Represented By: Scott A Wissel
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Defendant: Ozark Automotive Distributors, Inc.
Represented By: Thomas P. Berra, Jr.
Represented By: Robert W Tormohlen
Represented By: Edward T. Pivin
Represented By: Scott A Wissel
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Plaintiff: Kenny Higgs
Represented By: Gene P. Graham, Jr.
Represented By: Dirk L. Hubbard
Represented By: Bryan White
Represented By: Thomas V Bender
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Plaintiff: Joe Miller
Represented By: Gene P. Graham, Jr.
Represented By: Dirk L. Hubbard
Represented By: Bryan White
Represented By: Thomas V Bender
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