Lybarger et al v. Essendant Company et al
| Dorothy Lybarger and Dot's Office Products Inc. |
| Essendant Company, S.P. Richards Company, Rangel Distributing Company, ECI Software Solutions, Inc., John Putz, Andrew Morgan, John Howell, Sheila Bayless, United Stationers Supply Co. and Rick Rangel doing business as Rangel Distrubting Company |
| 4:2023cv00041 |
| January 18, 2023 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 Joint PROPOSED SCHEDULING ORDER by Dot's Office Products Inc., Dorothy Lybarger. (Wade, Joseph) |
| Filing 45 Proposed PROPOSED SCHEDULING ORDER and Trial Order by Dot's Office Products Inc., Dorothy Lybarger. (Wade, Joseph) Modified on 3/14/2023: The document has been deleted per Administrative Procedures wherein it is stated 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 44 REPLY SUGGESTIONS to motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss case filed by Katie Lee on behalf of Defendants Essendant Company, John Putz. (Related document(s) #13 ) (Lee, Katie) |
| Filing 43 REPLY SUGGESTIONS to motion re #17 MOTION to change venue to Transfer Venue to the USDC for the Northern District of Texas filed by Michael D. Lane on behalf of Defendants Sheila Bayless, ECI Software Solutions, Inc.. (Related document(s) #17 ) (Lane, Michael) |
| Filing 42 REPLY SUGGESTIONS to motion re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF DEFENDANTS S.P. RICHARDS COMPANY AND JOHN HOWELL filed by Thomas R. Buchanan on behalf of Defendants John Howell, S.P. Richards Company. (Related document(s) #4 ) (Buchanan, Thomas) |
| Filing 41 SUGGESTIONS in opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss case filed by Joseph Patrick Wade on behalf of Plaintiffs Dot's Office Products Inc., Dorothy Lybarger. Reply suggestions due by 3/6/2023 unless otherwise directed by the court. (Related document(s) #13 ) (Wade, Joseph) |
| Filing 40 SUGGESTIONS in opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph Patrick Wade on behalf of Plaintiffs Dot's Office Products Inc., Dorothy Lybarger. Reply suggestions due by 3/6/2023 unless otherwise directed by the court. (Related document(s) #15 ) (Wade, Joseph) |
| Filing 39 DISCLOSURE OF CORPORATE INTERESTS Dot's Office Products Inc. filed by Joseph Patrick Wade on behalf of Plaintiffs Dot's Office Products Inc., Dorothy Lybarger.(Wade, Joseph) |
| Filing 38 SUGGESTIONS in opposition re #17 MOTION to change venue to Transfer Venue to the USDC for the Northern District of Texas filed by Joseph Patrick Wade on behalf of Plaintiffs Dot's Office Products Inc., Dorothy Lybarger. Reply suggestions due by 3/2/2023 unless otherwise directed by the court. (Related document(s) #17 ) (Wade, Joseph) |
| Filing 37 SUGGESTIONS in opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF DEFENDANTS S.P. RICHARDS COMPANY AND JOHN HOWELL filed by Joseph Patrick Wade on behalf of Plaintiffs Dot's Office Products Inc., Dorothy Lybarger. Reply suggestions due by 3/2/2023 unless otherwise directed by the court. (Related document(s) #4 ) (Wade, Joseph) |
Filing 36
ORDER granting #35 Plaintiffs' Consent Motion for Extension of Time to File their Response in Opposition to Defendants ECI Software Solutions, Inc. and Sheila Bayless's Motion to Transfer Venue (Doc. 17) is GRANTED, up to and including February 16, 2023. Signed on 2/8/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
|
| Filing 35 Consent MOTION for extension of time to file response/reply as to #17 MOTION to change venue to Transfer Venue to the USDC for the Northern District of Texas filed by Joseph Patrick Wade on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/22/2023 unless otherwise directed by the court. (Related document(s) #17 ) (Wade, Joseph) |
|
Filing 34
ORDER granting #33 Attorney Kristie Remster Orme's Motion to Withdraw as Counsel for Defendants S.P. Richards Company and John Howell is GRANTED. Signed on 2/8/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
|
| Filing 33 MOTION to withdraw as attorney filed by Kristie Remster Orme on behalf of John Howell, S.P. Richards Company. Suggestions in opposition/response due by 2/21/2023 unless otherwise directed by the court. (Orme, Kristie) |
|
Filing 32
ORDER granting #30 Plaintiffs' Consent Motion for Extension of Time to File their Response in Opposition to Rangel Distributing Company's Motion to Dismiss (Doc. 15) is GRANTED, up to and including February 20, 2023. Signed on 2/7/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
|
|
Filing 31
ORDER granting #29 Plaintiffs' Consent Motion for Extension of Time to File their Response in Opposition to Defendants Essendant Co and John Putz's Motion to Dismiss (Doc. 13) is GRANTED, up to and including February 20, 2023. Signed on 2/7/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
|
| Filing 30 Consent MOTION for extension of time to file response/reply as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 Suggestions in Support of Motion filed by Joseph Patrick Wade on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/21/2023 unless otherwise directed by the court. (Related document(s) #15 , #16 ) (Wade, Joseph) |
| Filing 29 Consent MOTION for extension of time to file response/reply to Essendant and John Putz's Motion to Dismiss filed by Joseph Patrick Wade on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/21/2023 unless otherwise directed by the court. (Wade, Joseph) |
| Filing 28 DISCLOSURE OF CORPORATE INTERESTS filed by Richard A. Hargis on behalf of Defendant Rick Rangel.(Hargis, Richard) |
|
Filing 27
ORDER. RULE 16 NOTICE. Proposed scheduling order due by 3/24/2023. Rule 26 conference due by 3/10/2023. Signed on 2/6/23 by Chief District Judge Beth Phillips. (Cordell, Annette)
|
|
Filing 26
ORDER granting #25 Plaintiffs' Consent Motion for Extension of Time to File Their Response in Opposition to Defendants S.P. Richards Company and John Howell's Motion to Dismiss is GRANTED, up to and including February 16, 2023. Signed on 2/3/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
|
| Filing 25 Consent MOTION for extension of time to file response/reply as to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF DEFENDANTS S.P. RICHARDS COMPANY AND JOHN HOWELL filed by Joseph Patrick Wade on behalf of Dot's Office Products Inc., Dorothy Lybarger. Suggestions in opposition/response due by 2/17/2023 unless otherwise directed by the court. (Related document(s) #4 ) (Wade, Joseph) |
| Filing 24 NOTICE of filing Amended Notice of Removal by Sheila Bayless, ECI Software Solutions, Inc., Essendant Company, John Howell, Andrew Morgan, John Putz, Rick Rangel, S.P. Richards Company re #1 Notice of Removal (Hudson, Tyler) |
|
Filing 23
ORDER granting #21 and #22 motion to appear pro hac vice entered by Clerk of Court. Attorney James V. Garvey and Katie A. Lee for Essendant Company,James V. Garvey,Katie A. Lee for John Putz allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
|
| Filing 22 Motion to allow Katie A. Lee to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8303909) filed by Tyler Hudson on behalf of Essendant Company, John Putz. (Attachments: #1 Katie A. Lee Federal Bar Admissions)(Hudson, Tyler) |
| Filing 21 Motion to allow James V. Garvey to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8303859) filed by Tyler Hudson on behalf of Essendant Company, John Putz. (Attachments: #1 James V. Garvey Federal Bar Admissions)(Hudson, Tyler) |
| Filing 20 DISCLOSURE OF CORPORATE INTERESTS filed by Tyler Hudson on behalf of Defendant Essendant Company.(Hudson, Tyler) |
| Filing 19 DISCLOSURE OF CORPORATE INTERESTS filed by Michael D. Lane on behalf of Defendant ECI Software Solutions, Inc..(Lane, Michael) |
| Filing 18 SUGGESTIONS in support re #17 MOTION to change venue to Transfer Venue to the USDC for the Northern District of Texas filed by Michael D. Lane on behalf of Defendants Sheila Bayless, ECI Software Solutions, Inc.. (Attachments: #1 Declaration of Gordon P. Kushner)(Related document(s) #17 ) (Lane, Michael) |
| Filing 17 MOTION to change venue to Transfer Venue to the USDC for the Northern District of Texas filed by Michael D. Lane on behalf of Sheila Bayless, ECI Software Solutions, Inc.. Suggestions in opposition/response due by 2/8/2023 unless otherwise directed by the court. (Attorney Michael D. Lane added to party Sheila Bayless(pty:dft))(Lane, Michael) |
| Filing 16 SUGGESTIONS in support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Richard A. Hargis on behalf of Defendant Rick Rangel. (Related document(s) #15 ) (Hargis, Richard) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Richard A. Hargis on behalf of Rick Rangel. Suggestions in opposition/response due by 2/8/2023 unless otherwise directed by the court. (Hargis, Richard) |
| Filing 14 SUGGESTIONS in support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss case filed by Tyler Hudson on behalf of Defendants Essendant Company, John Putz. (Related document(s) #13 ) (Hudson, Tyler) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to dismiss case filed by Tyler Hudson on behalf of Essendant Company, John Putz. Suggestions in opposition/response due by 2/8/2023 unless otherwise directed by the court. (Hudson, Tyler) |
|
Filing 12
ORDER granting #8 , #9 , #10 , and #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Kurt A. Kappes, Michael D. Lane, Jordan Cowman, and Michael Besser for ECI Software Solutions, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
|
| Filing 11 Motion to allow Michael M. Besser to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8289900) filed by Robert H. Bernstein on behalf of ECI Software Solutions, Inc. (Attachments: #1 Attachment 1)(Bernstein, Robert) |
| Filing 10 Motion to allow Jordan W. Cowman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8289856) filed by Robert H. Bernstein on behalf of ECI Software Solutions, Inc. (Attachments: #1 Attachment 1)(Bernstein, Robert) |
| Filing 9 Motion to allow Michael D. Lane to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8289794) filed by Robert H. Bernstein on behalf of ECI Software Solutions, Inc. (Attachments: #1 Attachment 1)(Bernstein, Robert) |
| Filing 8 Motion to allow Kurt A. Kappes to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8289769) filed by Robert H. Bernstein on behalf of ECI Software Solutions, Inc. (Attachments: #1 Attachment 1)(Attorney Robert H. Bernstein added to party ECI Software Solutions, Inc.(pty:dft))(Bernstein, Robert) |
|
Filing 7
ORDER. Defendants have not properly alleged diversity jurisdiction. Within fourteen days, Defendants shall file an Amended Notice of Removal establishing the citizenship for the parties. Signed on 1/20/23 by Chief District Judge Beth Phillips. (Cordell, Annette)
|
| Filing 6 DISCLOSURE OF CORPORATE INTERESTS filed by Kristie Remster Orme on behalf of Defendants John Howell, S.P. Richards Company.(Orme, Kristie) |
| Filing 5 SUGGESTIONS in support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF DEFENDANTS S.P. RICHARDS COMPANY AND JOHN HOWELL filed by Kristie Remster Orme on behalf of Defendants John Howell, S.P. Richards Company. (Related document(s) #4 ) (Orme, Kristie) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OF DEFENDANTS S.P. RICHARDS COMPANY AND JOHN HOWELL filed by Kristie Remster Orme on behalf of John Howell, S.P. Richards Company. Suggestions in opposition/response due by 2/2/2023 unless otherwise directed by the court. (Orme, Kristie) |
| Filing 3 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 United States Magistrate Judge W. Brian Gaddy. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 2 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) Modified on 1/19/2023 to note that documents filed in error - see correct entry #3 (Woods, Gloria). |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Clay County, case number 22CY-CV11334, filed by Tyler Hudson. Filing fee $402, receipt number AMOWDC-8284304. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Hudson, Tyler) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
