Sevy et al v. O'Reilly Automotive, Inc. et al
Plaintiff: Adam Sevy and Shawn Hornbeck
Defendant: O'Reilly Automotive, Inc, O'Reilly Automotive Stores, Inc., Omni Specialty Packaging, LLC and Ozark Automotive Distributors, Inc.
Case Number: 4:2020cv00083
Filed: February 6, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Stephen R Bough
Referring Judge: Greg Kays
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2020 Opinion or Order Filing 32 ORDER granting #31 motion to consolidate cases. Signed on 3/30/2020 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law Clerk)
March 11, 2020 Filing 31 Consent MOTION to consolidate cases filed by Dirk L. Hubbard on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/25/2020 unless otherwise directed by the court. (Hubbard, Dirk)
February 21, 2020 NOTICE OF HEARING CANCELLATION - The Status Teleconference set for 2/25/2020 at 10:30 a.m. is cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Strodtman, Tracy)
February 20, 2020 Opinion or Order Filing 30 ORDER TRANSFERRING/REASSIGNING CASE. With the consent of the Honorable Greg Kays and pursuant to Local Rule 83.9, this case is hereby transferred. Case reassigned to District Judge Kays for all further proceedings. District Judge Brian C. Wimes no longer assigned to case. Signed on 2/20/2020 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
February 20, 2020 Case reassigned to District Judge Greg Kays for all further proceedings. District Judge Brian C. Wimes no longer assigned to case. Please note the new case number: 4:20-00083-CV-W-DGK. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri)
February 12, 2020 Filing 29 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Status Teleconference set for 2/25/2020 at 10:30 a.m., before District Judge Brian C. Wimes. The parties are asked to call: 877-336-1839; access code: 6328169 to participate in the conference.(Baldwin, Joella)
February 7, 2020 Filing 28 ADMINISTRATIVE TRANSFER. Due to a conflict of interest the the Honorable Stephen R. Bough, this case has been randomly reassigned to the Honorable Brian C. Wimes for all further proceedings. Please note the new case number: 4:20-00083-CV-W-BCW. This is a TEXT ONLY ENTRY. No document is attached. (Martin, Jan)
February 6, 2020 Filing 27 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to Program Director. (Attachments: #1 MAP General Order)(Ellis, Lindsey)
February 6, 2020 Filing 26 CASE TRANSFERRED IN from District of Kansas; Case Number 2:19-cv-02192.
February 4, 2020 Opinion or Order Filing 25 ORDER granting #24 Motion to Transfer Case. Signed by District Judge Daniel D. Crabtree on 2/4/2020. (ydm) [Transferred from ksd on 2/6/2020.]
January 24, 2020 Filing 24 Consent MOTION to Transfer Case by Plaintiffs Shawn Hornbeck, Adam Sevy (Hubbard, Dirk) [Transferred from ksd on 2/6/2020.]
January 9, 2020 Opinion or Order Filing 23 ORDER. Upon review of the parties' #22 Status Report, the deadline to file dismissal documents, or any motion to transfer, is extended to 1/31/20. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 1/9/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc) [Transferred from ksd on 2/6/2020.]
January 9, 2020 Filing 22 STATUS REPORT by Shawn Hornbeck. (Hubbard, Dirk) [Transferred from ksd on 2/6/2020.]
December 3, 2019 Opinion or Order Filing 21 ORDER STAYING DEADLINES. Upon notification by counsel that key terms of resolution have been reached, all pending deadlines are stayed. Counsel must either submit the appropriate dismissal documents or file a Status Report by 1/17/2020. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 12/3/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc) [Transferred from ksd on 2/6/2020.]
October 29, 2019 Filing 20 DESIGNATION OF COMPARATIVE FAULT by Defendants O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc.. (Berra, Thomas) [Transferred from ksd on 2/6/2020.]
October 4, 2019 Opinion or Order Filing 19 PROTECTIVE ORDER. See order for details. Signed by Magistrate Judge Gwynne E. Birzer on 10/4/19. (adc) [Transferred from ksd on 2/6/2020.]
October 4, 2019 Filing 18 Amended MOTION for Protective Order by Plaintiffs Shawn Hornbeck, Adam Sevy (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Ex. 1, #2 Ex. 2)(Hubbard, Dirk) [Transferred from ksd on 2/6/2020.]
October 1, 2019 Filing 17 Joint MOTION for Protective Order by Plaintiffs Shawn Hornbeck, Adam Sevy (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Ex. 1)(Hubbard, Dirk) [Transferred from ksd on 2/6/2020.]
September 24, 2019 Opinion or Order Filing 16 (PHASE I) SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 11/29/2019. Mediation deadline 1/22/2020. Class certification motion due 2/24/20. A second scheduling conference will be held after ruling on class certification. Other pretrial and trial deadlines are deferred pending such ruling. Fact Discovery deadline 7/15/2020. See order for additional deadlines. Signed by Magistrate Judge Gwynne E. Birzer on 9/24/19. (adc) [Transferred from ksd on 2/6/2020.]
September 24, 2019 Filing 15 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: SCHEDULING CONFERENCE held on 9/24/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) [Transferred from ksd on 2/6/2020.]
September 18, 2019 Filing 14 CERTIFICATE OF SERVICE of Initial Disclosures by O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc.. (Berra, Thomas) [Transferred from ksd on 2/6/2020.]
September 17, 2019 Filing 13 CERTIFICATE OF SERVICE of Plaintiffs' Rule 26 Disclosures by Shawn Hornbeck, Adam Sevy. (Hubbard, Dirk) [Transferred from ksd on 2/6/2020.]
September 4, 2019 Filing 12 CERTIFICATE OF SERVICE of Discovery to Plaintiffs by O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc.. (Berra, Thomas) [Transferred from ksd on 2/6/2020.]
September 4, 2019 Filing 11 CERTIFICATE OF SERVICE of Plaintiffs' First Interrogatories and Request for Production by Shawn Hornbeck, Adam Sevy. (Hubbard, Dirk) [Transferred from ksd on 2/6/2020.]
August 23, 2019 Filing 10 STIPULATION OF DISMISSAL Stipulation of Dismissal without Prejudice of Defendant O'Reilly Automotive, Inc. by Shawn Hornbeck, Adam Sevy. (Hubbard, Dirk) [Transferred from ksd on 2/6/2020.]
July 22, 2019 Opinion or Order Filing 9 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 9/24/2019 at 10:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Participants shall dial into the conference call at 888-363-4749, enter access code 9686294#, and follow the prompts to join the call. Report of Parties Planning Conference and Rule 26 Initial Disclosures due 9/17/2019. Signed by Magistrate Judge Gwynne E. Birzer on 7/19/19. (alm) [Transferred from ksd on 2/6/2020.]
July 16, 2019 Filing 8 ANSWER to Complaint and Affirmative Defenses by O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc. (Berra, Thomas) [Transferred from ksd on 2/6/2020.]
June 4, 2019 Opinion or Order Filing 7 ORDER granting #6 Defendants' Unopposed Motion to Set Time for Responses to Class Action Complaint. Defendants shall have up to and including July 16, 2019, to file responses to the Class Action Complaint. Signed by Magistrate Judge Gwynne E. Birzer on 6/4/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm) [Transferred from ksd on 2/6/2020.]
June 3, 2019 Filing 6 Unopposed MOTION to Set Time for Defendants' Responses to Class Action Complaint by Defendants O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Berra, Thomas) [Transferred from ksd on 2/6/2020.]
June 3, 2019 Filing 5 ENTRY OF APPEARANCE 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.. (Berra, Thomas) [Transferred from ksd on 2/6/2020.]
June 3, 2019 Filing 4 ENTRY OF APPEARANCE by Edward Theodore Pivin on behalf of O'Reilly Automotive Stores, Inc., O'Reilly Automotive, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc.. (Pivin, Edward) [Transferred from ksd on 2/6/2020.]
April 18, 2019 Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Shawn Hornbeck, Adam Sevy - trial to be held in Kansas City. (White, Bryan) [Transferred from ksd on 2/6/2020.]
April 18, 2019 Filing 2 CIVIL COVER SHEET by Plaintiff Adam Sevy. (White, Bryan) [Transferred from ksd on 2/6/2020.]
April 18, 2019 Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4781891.), filed by Adam Sevy, Shawn Hornbeck.(White, Bryan) [Transferred from ksd on 2/6/2020.]
April 18, 2019 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) [Transferred from ksd on 2/6/2020.]

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Defendant: O'Reilly Automotive, Inc
Represented By: Robert W Tormohlen
Represented By: Thomas P. Berra, Jr.
Represented By: Edward Theodore Pivin
Represented By: Scott A Wissel
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Defendant: O'Reilly Automotive Stores, Inc.
Represented By: Robert W Tormohlen
Represented By: Thomas P. Berra, Jr.
Represented By: Edward Theodore Pivin
Represented By: Scott A Wissel
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Defendant: Omni Specialty Packaging, LLC
Represented By: Robert W Tormohlen
Represented By: Thomas P. Berra, Jr.
Represented By: Edward Theodore Pivin
Represented By: Scott A Wissel
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Defendant: Ozark Automotive Distributors, Inc.
Represented By: Robert W Tormohlen
Represented By: Thomas P. Berra, Jr.
Represented By: Edward Theodore Pivin
Represented By: Scott A Wissel
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Plaintiff: Adam Sevy
Represented By: Dirk L. Hubbard
Represented By: Thomas V Bender
Represented By: Bryan Turner White
Represented By: William L Carr
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Plaintiff: Shawn Hornbeck
Represented By: Dirk L. Hubbard
Represented By: Thomas V Bender
Represented By: Bryan Turner White
Represented By: William L Carr
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