Rupe v. Ozark Automotive Distributors, Inc. et al
Plaintiff: Wayne Rupe
Defendant: Omni Specialty Packaging, LLC, O'Reilly Automotive, Inc, Ozark Automotive Distributors Inc and O'Reilly Automotive Stores, Inc.
Case Number: 4:2020cv00279
Filed: April 8, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Lajuana M Counts
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 April 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2020 Opinion or Order Filing 44 ORDER of consolidation. Signed on 4/10/2020 by District Judge Greg Kays. (Law Clerk)
April 8, 2020 Filing 43 CASE TRANSFERRED IN from District of Iowa Southern; Case Number 4:19-cv-00164.
January 27, 2020 ***Civil Case Terminated. Case transferred to the United States District Court for the Western District of Missouri. (slg) [Transferred from iasd on 4/8/2020.]
January 24, 2020 Opinion or Order Filing 42 ORDER Granting #41 Motion to Transfer Case. See Order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 1/24/2020. (hfh) [Transferred from iasd on 4/8/2020.]
January 24, 2020 Filing 41 MOTION to Transfer Case out of District by Wayne Rupe. Responses due by 2/7/2020. (Hubbard, Dirk) [Transferred from iasd on 4/8/2020.]
January 8, 2020 Magistrate Judge Celeste F. Bremer added. Magistrate Judge Ross A Walters(R) no longer assigned to case. (kjw) [Transferred from iasd on 4/8/2020.]
January 7, 2020 Filing 40 STATUS REPORT by Wayne Rupe. (Hubbard, Dirk) [Transferred from iasd on 4/8/2020.]
November 26, 2019 Set/Reset Deadlines: Status Report/Dismissal due by 1/7/2020. Per order 39 (don) [Transferred from iasd on 4/8/2020.]
November 22, 2019 Opinion or Order Filing 39 TEXT ORDER Granting #38 Plaintiff's Second Motion for Extension of Time to File Supplemental Jurisdictional Statement. Plaintiff shall file his supplemental jurisdictional statement by 1/7/2019. All expert witness disclosure deadlines are also stayed. All other deadlines remain unchanged. The parties shall file a joint status report or dismiss the action no later than 1/7/2019. Signed by Judge Rebecca Goodgame Ebinger on 11/22/2019. (hfh) [Transferred from iasd on 4/8/2020.]
November 22, 2019 Filing 38 Second MOTION for Extension of Time to File Supplemental Jurisdictonal Statement by Wayne Rupe.Motions referred to Ross A Walters(R). Responses due by 12/6/2019. (Hubbard, Dirk) [Transferred from iasd on 4/8/2020.]
November 8, 2019 Opinion or Order Filing 37 TEXT ORDER granting #36 Motion for Extension of Time to File. Plaintiff shall file his supplemental jurisdictional statement by November 22, 2019. Signed by Magistrate Judge Ross A Walters(R) on 11/8/2019. (imk) [Transferred from iasd on 4/8/2020.]
November 8, 2019 Filing 36 MOTION for Extension of Time to File Supplemental Jurisdictional Statement by Wayne Rupe.Motions referred to Ross A Walters(R). Responses due by 11/22/2019. (Hubbard, Dirk) [Transferred from iasd on 4/8/2020.]
October 25, 2019 Opinion or Order Filing 35 ORDER CONCERNING SUBJECT MATTER JURISDICTION. Supplemental Jurisdictional Statement shall be filed by not later than 11/8/2019. Responses shall be filed by not later than 11/22/2019. See order for particulars. Signed by Magistrate Judge Ross A Walters(R) on 10/25/2019. (k) [Transferred from iasd on 4/8/2020.]
September 20, 2019 Set/Reset Deadlines: Motions to Add Parties due by 10/22/2019. Discovery Deadline 7/15/2020. Motions to Amend Pleadings due by 10/22/2019. (slg) [Transferred from iasd on 4/8/2020.]
September 19, 2019 Set/Reset Deadlines: Defendants Expert Witness Disclosures due by 1/17/2020. Plaintiffs Expert Witness Disclosures due by 12/6/2019. Plaintiffs Rebuttal Witness Disclosures due by 1/31/2020. (k) [Transferred from iasd on 4/8/2020.]
September 19, 2019 Opinion or Order Filing 34 ORDER adopting as modified #33 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN. See order for particulars. Counsels attention is directed to the Scheduling Order and Discovery Plan for modifications. Signed by Magistrate Judge Ross A Walters(R) on 9/19/2019. (k) [Transferred from iasd on 4/8/2020.]
September 13, 2019 Filing 33 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Lundberg, Paul) [Transferred from iasd on 4/8/2020.]
September 5, 2019 Opinion or Order Filing 32 TEXT ORDER granting #30 Motion for Extension of Time of R16/Scheduling Order Deadlines. The parties may have to and including 9/13/2019 to file a Proposed Scheduling Order and Discovery Plan. Signed by Magistrate Judge Ross A Walters(R) on 9/5/2019. (k) [Transferred from iasd on 4/8/2020.]
September 4, 2019 Filing 31 CERTIFICATE by Wayne Rupe. (Hubbard, Dirk) [Transferred from iasd on 4/8/2020.]
September 4, 2019 Filing 30 MOTION for Extension of Time For Scheduling Order/R16 Deadlines of Plaintiffs' Unopposed Motion to Extend Time for Filing Proposed Scheduling Order and Discovery Plan by Wayne Rupe.Motions referred to Ross A Walters(R). Responses due by 9/18/2019. (Hubbard, Dirk) [Transferred from iasd on 4/8/2020.]
August 23, 2019 Filing 29 STIPULATION Stipulation of Dismissal without Prejudice to Defendant O'Reilly Automotive, Inc. by Wayne Rupe. (Hubbard, Dirk) [Transferred from iasd on 4/8/2020.]
August 12, 2019 Filing 28 ***FILED IN ERROR***Errata re #27 Answer to Complaint,, Counterclaim, filed by Ozark Automotive Distributors, Inc, Omni Specialty Packaging, LLC, O'Reilly Automotive Stores, Inc., O'Reilly Automotive Inc. (Berra, Thomas) Modified on 8/13/2019 This is the same document as #27 , this was filed incorrectly only to correct the event per counsel(slg). [Transferred from iasd on 4/8/2020.]
August 12, 2019 Filing 27 Defendants' ANSWER to Complaint against O'Reilly Automotive Stores, Inc., Ozark Automotive Distributors, Inc, O'Reilly Automotive Inc, Omni Specialty Packaging, LLC by O'Reilly Automotive Stores, Inc., Ozark Automotive Distributors, Inc, O'Reilly Automotive Inc, Omni Specialty Packaging, LLC.(Berra, Thomas) Modified on 8/13/2019 removed counterclaim, filed in error per counsel (slg). [Transferred from iasd on 4/8/2020.]
July 24, 2019 Opinion or Order Filing 26 TEXT ORDER granting #24 Motion for Leave to Appear Pro Hac Vice William L. Carr; granting #25 Motion for Leave to Appear Pro Hac Vice Bryan T. White. Signed by Magistrate Judge Ross A Walters(R) on 7/24/2019. (kjw) [Transferred from iasd on 4/8/2020.]
July 24, 2019 Filing 25 MOTION for Leave to Appear Pro Hac Vice by Wayne Rupe. (White, Bryan) [Transferred from iasd on 4/8/2020.]
July 24, 2019 Filing 24 MOTION for Leave to Appear Pro Hac Vice by Wayne Rupe. (Carr, William) [Transferred from iasd on 4/8/2020.]
July 11, 2019 Opinion or Order Filing 23 TEXT ORDER granting #21 Motion for Leave to Appear Pro Hac Vice Edward T. Pivin; granting #22 Motion for Leave to Appear Pro Hac Vice Thomas P. Berra, Jr. Signed by Magistrate Judge Ross A Walters(R) on 7/11/2019. (kjw) [Transferred from iasd on 4/8/2020.]
July 11, 2019 Filing 22 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3865445 Fee paid in the amount of $100. by O'Reilly Automotive Inc, O'Reilly Automotive Stores, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc. (Berra, Thomas) [Transferred from iasd on 4/8/2020.]
July 11, 2019 Filing 21 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3865331 Fee paid in the amount of $100. by O'Reilly Automotive Inc, O'Reilly Automotive Stores, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc. (Pivin, Edward) [Transferred from iasd on 4/8/2020.]
July 5, 2019 Opinion or Order Filing 20 TEXT ORDER: For good cause, the Court grants #19 Defendants' Unopposed Motion for Extension of Time to Respond to Class Action Complaint. Defendants may have to and including 8/12/2019 to move or respond to the Class Action Complaint. Signed by Magistrate Judge Ross A Walters(R) on 7/5/2019. (k) [Transferred from iasd on 4/8/2020.]
July 3, 2019 Filing 19 Consented First MOTION for Extension of Time to File Response to Class Action Complaint by O'Reilly Automotive Inc, O'Reilly Automotive Stores, Inc., Omni Specialty Packaging, LLC, Ozark Automotive Distributors, Inc.Motions referred to Ross A Walters(R). Responses due by 7/17/2019. (Ogden, Dennis) Modified on 7/3/2019 per attorney added "consented"(don). [Transferred from iasd on 4/8/2020.]
June 18, 2019 Opinion or Order Filing 18 TEXT ORDER granting #17 Motion for Leave to Appear Pro Hac Vice Thomas V. Bender. Signed by Magistrate Judge Ross A Walters(R) on 6/18/2019. (slg) [Transferred from iasd on 4/8/2020.]
June 18, 2019 Filing 17 MOTION for Leave to Appear Pro Hac Vice by Wayne Rupe. (Bender, Thomas) [Transferred from iasd on 4/8/2020.]
June 18, 2019 Opinion or Order Filing 16 TEXT ORDER granting #15 Motion for Leave to Appear Pro Hac Vice Dirk Hubbard. Signed by Magistrate Judge Ross A Walters(R) on 6/18/2019. (slg) [Transferred from iasd on 4/8/2020.]
June 17, 2019 Filing 15 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3846351 Fee paid in the amount of $100. by Wayne Rupe. (Hubbard, Dirk) [Transferred from iasd on 4/8/2020.]
June 17, 2019 Filing 14 SUMMONS Returned Executed by Wayne Rupe. Omni Specialty Packaging, LLC served on 6/13/2019, answer due 7/5/2019. (Lundberg, Paul) [Transferred from iasd on 4/8/2020.]
June 17, 2019 Filing 13 SUMMONS Returned Executed by Wayne Rupe. Ozark Automotive Distributors, Inc served on 6/11/2019, answer due 7/2/2019. (Lundberg, Paul) [Transferred from iasd on 4/8/2020.]
June 17, 2019 Filing 12 SUMMONS Returned Executed by Wayne Rupe. O'Reilly Automotive Stores, Inc. served on 6/11/2019, answer due 7/2/2019. (Lundberg, Paul) [Transferred from iasd on 4/8/2020.]
June 17, 2019 Filing 11 SUMMONS Returned Executed by Wayne Rupe. O'Reilly Automotive Inc served on 6/11/2019, answer due 7/2/2019. (Lundberg, Paul) [Transferred from iasd on 4/8/2020.]
June 14, 2019 Filing 10 ***ENTERED IN ERROR*** CERTIFICATE OF SERVICE by Wayne Rupe (Lundberg, Paul) Modified on 6/17/2019 (slg). [Transferred from iasd on 4/8/2020.]
June 14, 2019 Filing 9 ***ENTERED IN ERROR*** CERTIFICATE OF SERVICE by Wayne Rupe (Lundberg, Paul) Modified on 6/17/2019 (slg). [Transferred from iasd on 4/8/2020.]
June 14, 2019 Filing 8 ***ENTERED IN ERROR*** CERTIFICATE OF SERVICE by Wayne Rupe (Lundberg, Paul) Modified on 6/17/2019 (slg). [Transferred from iasd on 4/8/2020.]
June 14, 2019 Filing 7 ***ENTERED IN ERROR*** CERTIFICATE OF SERVICE by Wayne Rupe (Lundberg, Paul) Modified on 6/17/2019 (slg). [Transferred from iasd on 4/8/2020.]
June 12, 2019 Magistrate Judge Ross A Walters(R) added. Magistrate Judge Stephen B. Jackson, Jr no longer assigned to case. (kjw) [Transferred from iasd on 4/8/2020.]
June 7, 2019 Filing 6 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. (Attachments: #1 7.1 packet) (don) [Transferred from iasd on 4/8/2020.]
June 7, 2019 Filing 5 Summons Issued as to Omni Specialty Packaging, LLC. (Lundberg, Paul) (Main Document 5 replaced and regenerated on 6/10/2019). (dmh) [Transferred from iasd on 4/8/2020.]
June 7, 2019 Filing 4 Summons Issued as to O'Reilly Automotive Stores, Inc.. (Lundberg, Paul) (Main Document 4 replaced and regenerated on 6/10/2019). (dmh) [Transferred from iasd on 4/8/2020.]
June 7, 2019 Filing 3 Summons Issued as to Ozark Automotive Distributors, Inc. (Lundberg, Paul) (Main Document 3 replaced and regenerated on 6/10/2019). (dmh) [Transferred from iasd on 4/8/2020.]
June 7, 2019 Filing 2 Summons Issued as to O'Reilly Automotive, Inc.. (Lundberg, Paul) (Main Document 2 replaced and regenerated on 6/10/2019). (dmh) [Transferred from iasd on 4/8/2020.]
June 6, 2019 Filing 1 COMPLAINT against All Defendants Filing fee paid in the amount of $ 400, receipt number 0863-3838066., filed by Wayne Rupe. Notice of Dismissal for lack of Service deadline set for 9/4/2019. Rule 16 Notice of Dismissal set for 9/4/2019.(Lundberg, Paul) [Transferred from iasd on 4/8/2020.]

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Defendant: Omni Specialty Packaging, LLC
Represented By: Edward Theodore Pivin
Represented By: Dennis P Ogden
Represented By: Thomas P. Berra, Jr.
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Defendant: O'Reilly Automotive, Inc
Represented By: Edward Theodore Pivin
Represented By: Dennis P Ogden
Represented By: Thomas P. Berra, Jr.
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Defendant: Ozark Automotive Distributors Inc
Represented By: Edward Theodore Pivin
Represented By: Dennis P Ogden
Represented By: Thomas P. Berra, Jr.
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Defendant: O'Reilly Automotive Stores, Inc.
Represented By: Edward Theodore Pivin
Represented By: Dennis P Ogden
Represented By: Thomas P. Berra, Jr.
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Plaintiff: Wayne Rupe
Represented By: Bryan Turner White
Represented By: Dirk Leon Hubbard
Represented By: Thomas V Bender
Represented By: William Lewis Carr
Represented By: Paul D. Lundberg
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