Schutz v. Bimbo Foods Bakeries Distribution, LLC et al
| Steven Schutz |
| John 1,2,3, et cet. Doe, Bimbo Bakeries USA, Inc., Teamsters Local 955, Bimbo Foods Bakeries Distribution, LLC, Master's Transportation Inc. and John Does 1-5 |
| 4:2018cv00793 |
| October 8, 2018 |
| US District Court for the Western District of Missouri |
| Greg Kays |
| Nanette K Laughrey |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Remand letter and instructions sent to Circuit Court of Jackson County, Missouri at Independence. This is a text entry only - no document is attached (Melvin, Greg) |
| Filing 37 CLERK'S JUDGMENT (Matthes Mitra, Renea) |
Filing 36
ORDER entered by Judge Nanette K. Laughrey. Plaintiff's motion to remand, Doc. #5 , is granted. However, Plaintiff's request for attorneys' fees and costs is denied. Defendants' motions to dismiss, Docs. #13 , #14 , and #16 , are denied for lack of subject matter jurisdiction. The case is remanded to the Sixteenth Judicial Circuit Court of Jackson County, Missouri for all further proceedings. Signed on 11/16/2018 by District Judge Nanette K. Laughrey. (Levy, Lindsey)
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| NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
| Filing 35 REPLY SUGGESTIONS to motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles M. Poplstein on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. (Related document(s) #14 ) (Poplstein, Charles) |
| Filing 34 DESIGNATION OF MEDIATOR naming Bill Sanders(Kapke, George) |
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Filing 33
ORDER entered by Judge Nanette K. Laughrey. Sur-replies are not permitted to allow a party to present an argument that they had an opportunity to and should have presented previously. Defendants were on notice and had an opportunity to respond to Plaintiff's argument that removing parties "must identify the specific provision" of a collective bargaining agreement that actually sets forth the right upon which Plaintiff's claim is arguably based or that requires the Court's interpretation, as the issue was raised in Plaintiff's initial suggestions in support of the motion to remand. See Doc. #6 , pp. 6, 12 (citing Markham v. Wertin, 861 F.3d 748 (8th Cir. 2017). Thus, Defendants' motion for leave to file a sur-reply, Doc. #27 , is denied. Signed on 11/5/2018 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levy, Lindsey)
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| Filing 32 REPLY SUGGESTIONS to motion re #27 Joint MOTION for leave to file Sur-Reply filed by Michael Amash on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Teamsters Local 955. (Related document(s) #27 ) (Amash, Michael) |
| Filing 31 NOTICE of appearance by Kristen Elizabeth Sanocki on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC (Attorney Kristen Elizabeth Sanocki added to party Bimbo Bakeries USA, Inc.(pty:dft), Attorney Kristen Elizabeth Sanocki added to party Bimbo Foods Bakeries Distribution, LLC(pty:dft))(Sanocki, Kristen) |
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Filing 30
ORDER entered by Judge Nanette K. Laughrey. Defendants' reply suggestions to the Motion for Leave to File Sur-Reply is due by 11/2/2018. Signed on 10/31/18 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 29 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Michael Amash on behalf of Defendant Teamsters Local 955.(Amash, Michael) |
| Filing 28 SUGGESTIONS in opposition re #27 Joint MOTION for leave to file Sur-Reply filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. Reply suggestions due by 11/13/2018 unless otherwise directed by the court. (Related document(s) #27 ) (Schermerhorn, Andrew) |
| Filing 27 Joint MOTION for leave to file Sur-Reply filed by Charles M. Poplstein on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. Suggestions in opposition/response due by 11/13/2018 unless otherwise directed by the court. (Poplstein, Charles) |
| Filing 26 SUGGESTIONS in opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. Reply suggestions due by 11/9/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Related document(s) #14 ) (Schermerhorn, Andrew) |
| Filing 25 SUGGESTIONS in opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. Reply suggestions due by 11/9/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #16 ) (Schermerhorn, Andrew) Modified on 10/26/2018: Relationship of docket entry changed. Document incorrectly linked to Doc. 14 when filed. It is now linked to Doc. 16. NEF regenerated. (Melvin, Greg) |
| Filing 24 REPLY SUGGESTIONS to motion re #5 MOTION to remand filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. (Attachments: #1 Exhibit A)(Related document(s) #5 ) (Schermerhorn, Andrew) |
| Filing 23 SUGGESTIONS in opposition re #5 MOTION to remand filed by Charles M. Poplstein on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. Reply suggestions due by 11/8/2018 unless otherwise directed by the court. (Related document(s) #5 ) (Poplstein, Charles) |
| Filing 22 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by George E. Kapke, Jr on behalf of Plaintiff Steven Schutz.(Kapke, George) |
| Filing 21 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Rita L. Hoop on behalf of Defendant Master's Transportation Inc..(Hoop, Rita) |
| Filing 20 Joint PROPOSED SCHEDULING ORDER by Steven Schutz. (Schermerhorn, Andrew) Modified on 10/24/2018: Main document replaced. Per Administrative Procedures, proposed scheduling orders should not contain a signature line for the presiding judge. The proposed scheduling order should include the electronic signature of both the filing and opposing counsel. NEF regenerated. (Melvin, Greg) |
| Filing 19 REPLY SUGGESTIONS to motion re #5 MOTION to remand filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. (Related document(s) #5 ) (Schermerhorn, Andrew) |
| 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) |
| Filing 18 SUGGESTIONS in opposition re #5 MOTION to remand filed by Michael Amash on behalf of Defendant Teamsters Local 955. Reply suggestions due by 10/30/2018 unless otherwise directed by the court. (Related document(s) #5 ) (Amash, Michael) |
| Filing 17 SUGGESTIONS in support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Amash on behalf of Defendant Teamsters Local 955. (Attachments: #1 Exhibit A: CBA)(Related document(s) #16 ) (Amash, Michael) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Amash on behalf of Teamsters Local 955. Suggestions in opposition/response due by 10/30/2018 unless otherwise directed by the court. (Attorney Michael Amash added to party Teamsters Local 955(pty:dft))(Amash, Michael) |
| Filing 15 SUGGESTIONS in support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles M. Poplstein on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. (Attachments: #1 Exhibit A)(Related document(s) #14 ) (Poplstein, Charles) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles M. Poplstein on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. Suggestions in opposition/response due by 10/29/2018 unless otherwise directed by the court. (Poplstein, Charles) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rita L. Hoop on behalf of Master's Transportation Inc.. Suggestions in opposition/response due by 10/29/2018 unless otherwise directed by the court. (Attachments: #1 Affidavit Exhibit A)(Hoop, Rita) |
| Set/Reset Deadlines as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Reply suggestions due by 10/25/2018 unless otherwise directed by the court. (Melvin, Greg) |
| Filing 12 DISCLOSURE OF CORPORATE INTERESTS filed by Rita L. Hoop on behalf of Defendant Master's Transportation Inc..(Hoop, Rita) |
| Filing 11 NOTICE of appearance by Rita L. Hoop on behalf of Master's Transportation Inc. (Attorney Rita L. Hoop added to party Master's Transportation Inc.(pty:dft))(Hoop, Rita) |
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Filing 10
ORDER. Proposed scheduling order due by 10/19/2018. Rule 26 conference due by 10/17/2018. Signed on 10/12/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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Filing 9
ORDER ON PRETRIAL PROCEDURES. Signed on 10/12/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
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Filing 8
ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. Chief District Judge Greg Kays no longer assigned to case. Signed on 10/12/18 by Chief District Judge Greg Kays. (Strodtman, Tracy)
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| Filing 7 SUGGESTIONS in opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. Reply suggestions due by 10/25/2018. (Schermerhorn, Andrew) Modified on 10/15/2018: Docket text changed to match filing event. Doc. 7 now linked to Doc. 13. NEF regenerated. (Melvin, Greg) |
| Filing 6 SUGGESTIONS in support re #5 MOTION to remand filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. (Related document(s) #5 ) (Schermerhorn, Andrew) |
| Filing 5 MOTION to remand filed by Andrew Schermerhorn on behalf of Steven Schutz. Suggestions in opposition/response due by 10/25/2018 unless otherwise directed by the court. (Schermerhorn, Andrew) |
| Filing 4 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 3 NOTICE of appearance by Brian Lamping on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC (Attorney Brian Lamping added to party Bimbo Bakeries USA, Inc.(pty:dft), Attorney Brian Lamping added to party Bimbo Foods Bakeries Distribution, LLC(pty:dft))(Lamping, Brian) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Charles M. Poplstein on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC.(Poplstein, Charles) |
| Filing 1 NOTICE OF REMOVAL Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. Filing fee $ 400, receipt number AMOWDC-5974471. (Attachments: #1 Exhibit Notice of Removal, Ex. A, #2 Exhibit Notice of Removal, Ex. B, #3 Notice of Exhibit Attachment Notice of Removal to Plaintiff, #4 Notice of Exhibit Attachment Notice of Removal to State Court, #5 Civil Cover Sheet)(Poplstein, Charles) |
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