Cummings v. Papa John's USA, Inc. et al
| David Sterling Cummings |
| Papa John's USA, Inc. and Kelly Jarvis |
| 4:2023cv00884 |
| December 4, 2023 |
| US District Court for the Western District of Missouri |
| Fernando J Gaitan |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 17
ORDER - Pending before the Court is Plaintiff's Motion to Remand (Doc. No. #7 ). At issue in this motion is Plaintiff's citizenship. Conflicting information about Plaintiff's citizenship is presented in the state court Petitions. IT IS HEREBY ORDERED that Defendant Papa John's may engage in limited discovery focused solely on the citizenship of Plaintiff. This period of limited discovery shall be completed no later than FEBRUARY 29, 2024. Thereafter, the parties are directed to each file a status report with the Court on or before MARCH 5, 2024, indicating the citizenship of Plaintiff and providing admissible evidence to the Court supporting their arguments. The Court will thereafter consider the pending motion to remand along with the evidence elucidated by this limited discovery. All other deadlines in this case are STAYED until the Court has decided the motion to remand. Signed on 2/1/24 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
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| Filing 16 PROPOSED SCHEDULING ORDER by Kelly Jarvis, Papa John's USA, Inc.. (Ketchum, Tyson) |
| Filing 15 DESIGNATION OF NEUTRAL naming Robert M. Schieber(Ketchum, Tyson) |
| Filing 14 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Tyson H. Ketchum on behalf of Defendants Kelly Jarvis, Papa John's USA, Inc..(Ketchum, Tyson) |
| Filing 13 REPLY SUGGESTIONS to motion re #7 MOTION to remand filed by Cody Lee Wiegers on behalf of Plaintiff David Sterling Cummings. (Related document(s) #7 ) (Wiegers, Cody) |
| Filing 12 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Cody Lee Wiegers on behalf of Plaintiff David Sterling Cummings.(Wiegers, Cody) |
| Filing 11 ANSWER to Complaint on behalf of Kelly Jarvis. (Ketchum, Tyson) Modified on 1/11/2024: Main document replaced to reflect correct defendant. Docket text changed. NEF regenerated. (Melvin, Greg) |
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Filing 10
ORDER - GRANTING #8 defendant's unopposed motion for extension of time. Defendant's Suggestions in Opposition #9 to plaintiff's Motion to Remand #7 , are hereby deemed as timely filed. Signed on 1/8/24 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
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| Filing 9 SUGGESTIONS in opposition re #7 MOTION to remand Defendant Papa John's Suggestions in Opposition to Plaintiff's Motion to Remand filed by Tyson H. Ketchum on behalf of Defendant Papa John's USA, Inc.. Reply suggestions due by 1/17/2024 unless otherwise directed by the court. (Related document(s) #7 ) (Ketchum, Tyson) |
| Filing 8 MOTION for order Extension to Respond to Plaintiff's Motion to Remand to and including January 3, 2024 re #7 MOTION to remand , MOTION for Order (SEALED) filed by Tyson H. Ketchum on behalf of Papa John's USA, Inc.. Suggestions in opposition/response due by 1/10/2024 unless otherwise directed by the court. (Related document(s) #7 ) (Ketchum, Tyson) |
| SUMMONS ISSUED as to Kelly Jarvis. (Woods, Gloria) |
| Filing 7 MOTION to remand filed by Cody Lee Wiegers on behalf of David Sterling Cummings. Suggestions in opposition/response due by 12/27/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wiegers, Cody) |
| Filing 6 NOTICE of filing Notice of Removal in State Court by Papa John's USA, Inc. (Ketchum, Tyson) |
| 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) |
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Filing 5
RULE 16 NOTICE. Rule 26 conference due by 1/5/2024. Proposed scheduling order due by 1/19/2024. Signed on 12/5/23 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
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| 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 outside neutral category I. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 3 Defendant Papa John's USA, Inc.'s ANSWER to Complaint Amended Petition on behalf of Papa John's USA, Inc..(Ketchum, Tyson) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Tyson H. Ketchum on behalf of Defendant Papa John's USA, Inc..(Ketchum, Tyson) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Clay County County, case number 23CY-CV08693, filed by Tyson H. Ketchum. Filing fee $402, receipt number AMOWDC-8743001. (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B, #3 Civil Cover Sheet)(Ketchum, Tyson) |
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