Holt et al v. Pony Express Trucking, Inc.
Plaintiff: Derek W. Holt and Lindy Holt
Defendant: Pony Express Trucking, Inc., Matt Grooms doing business as Grooms Concrete, Ryan Andrew Eckstein, Herzog Contracting Corp. and Grooms & Egbert Hauling, LLC
Cross Defendant: Matt Grooms
Case Number: 5:2020cv06116
Filed: August 14, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Fernando J Gaitan
Nature of Suit: Motor Vehicle
Cause of Action: 49 U.S.C. ยง 14501
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2020 Filing 42 SUGGESTIONS in support re #25 MOTION to stay Deadlines filed by Lee M. Baty on behalf of Defendant Pony Express Trucking, Inc.. (Related document(s) #25 ) (Baty, Lee)
October 2, 2020 Opinion or Order Filing 41 SCHEDULING ORDER: Discovery due by 9/30/2021. Dispositive Motions due by 11/1/2021. Status Report due by 8/16/2021. Trial to be set by future order. Please see text of order for additional deadlines. Signed on 10/2/20 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy)
October 1, 2020 Filing 40 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Lee M. Baty on behalf of Defendant Pony Express Trucking, Inc..(Baty, Lee)
October 1, 2020 Filing 39 Joint PROPOSED SCHEDULING ORDER and Discovery Plan by Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC, Herzog Contracting Corp., Lindy Holt, Derek W. Holt. (Creedy, Benjamin)
October 1, 2020 Filing 38 DISCLOSURE OF CORPORATE INTERESTS filed by Andrew Joseph Liles on behalf of Defendant Herzog Contracting Corp..(Liles, Andrew)
October 1, 2020 Filing 37 DISCLOSURE OF CORPORATE INTERESTS filed by Lee M. Baty on behalf of Defendant Pony Express Trucking, Inc..(Baty, Lee)
October 1, 2020 Filing 36 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Andrew Joseph Liles on behalf of Defendant Herzog Contracting Corp..(Liles, Andrew)
October 1, 2020 Filing 35 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Angela M. Higgins on behalf of Defendants Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC.(Higgins, Angela)
October 1, 2020 Filing 34 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Benjamin S. Creedy on behalf of Plaintiffs Lindy Holt, Derek W. Holt.(Creedy, Benjamin)
September 29, 2020 Filing 33 MOTION for leave to file Notice of Supplemental Authority filed by Benjamin S. Creedy on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/13/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Creedy, Benjamin)
September 25, 2020 Filing 32 SUGGESTIONS in opposition re #25 MOTION to stay Deadlines filed by Benjamin S. Creedy on behalf of Plaintiffs Lindy Holt, Derek W. Holt. Reply suggestions due by 10/9/2020 unless otherwise directed by the court. (Related document(s) #25 ) (Creedy, Benjamin)
September 25, 2020 Filing 31 REPLY SUGGESTIONS to motion re #20 MOTION to remand Case to State Court filed by Benjamin S. Creedy on behalf of Plaintiffs Lindy Holt, Derek W. Holt. (Related document(s) #20 ) (Creedy, Benjamin)
September 25, 2020 Filing 30 NOTICE of appearance by Angela M. Higgins on behalf of Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC (Attorney Angela M. Higgins added to party Ryan Andrew Eckstein(pty:dft), Attorney Angela M. Higgins added to party Matt Grooms(pty:dft), Attorney Angela M. Higgins added to party Grooms & Egbert Hauling, LLC(pty:dft))(Higgins, Angela)
September 25, 2020 Filing 29 NOTICE of appearance by James S. Kreamer on behalf of Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC (Attorney James S. Kreamer added to party Ryan Andrew Eckstein(pty:dft), Attorney James S. Kreamer added to party Matt Grooms(pty:dft), Attorney James S. Kreamer added to party Grooms & Egbert Hauling, LLC(pty:dft))(Kreamer, James)
September 18, 2020 Filing 28 SUGGESTIONS in opposition re #20 MOTION to remand Case to State Court filed by Lee M. Baty on behalf of Defendant Pony Express Trucking, Inc.. Reply suggestions due by 10/2/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Related document(s) #20 ) (Baty, Lee)
September 18, 2020 Filing 27 REPLY SUGGESTIONS to motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lee M. Baty on behalf of Defendant Pony Express Trucking, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #13 ) (Baty, Lee)
September 11, 2020 Filing 26 SUGGESTIONS in support re #25 MOTION to stay Deadlines filed by Lee M. Baty on behalf of Defendant Pony Express Trucking, Inc.. (Related document(s) #25 ) (Baty, Lee)
September 11, 2020 Filing 25 MOTION to stay Deadlines filed by Lee M. Baty on behalf of Pony Express Trucking, Inc.. Suggestions in opposition/response due by 9/25/2020 unless otherwise directed by the court. (Baty, Lee)
September 10, 2020 Filing 24 RESPONSE to motion re #20 MOTION to remand Case to State Court AMENDED filed by Thomas Hershewe on behalf of Defendants Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC, Cross Defendants Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC. Reply suggestions due by 9/24/2020 unless otherwise directed by the court. (Hershewe, Thomas)
September 10, 2020 Filing 23 SUGGESTIONS in opposition re #20 MOTION to remand Case to State Court filed by Thomas Hershewe on behalf of Defendants Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC, Cross Defendants Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC. Reply suggestions due by 9/24/2020 unless otherwise directed by the court. (Related document(s) #20 ) (Hershewe, Thomas)
September 10, 2020 Filing 22 ANSWER to #11 Answer to Complaint,, Crossclaim, on behalf of Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC.(Hershewe, Thomas)
September 4, 2020 Filing 21 SUGGESTIONS in opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Benjamin S. Creedy on behalf of Plaintiffs Lindy Holt, Derek W. Holt. Reply suggestions due by 9/18/2020 unless otherwise directed by the court. (Related document(s) #13 ) (Creedy, Benjamin)
September 4, 2020 Filing 20 MOTION to remand Case to State Court filed by Benjamin S. Creedy on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/18/2020 unless otherwise directed by the court. (Creedy, Benjamin)
September 4, 2020 Opinion or Order Filing 19 ORDER granting #17 motion for leave to file excess pages. Plaintiffs' suggestions in opposition to the motion to dismiss shall be no longer than 19 pages, exclusive of the table of contents and table of authorities.. Signed on 09/04/2020 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Powers, Jo)
September 4, 2020 Opinion or Order Filing 18 ORDER granting #16 motion for leave to file excess pages. Plaintiffs' anticipated motion to remand and suggestions in support shall not exceed 23 pages in length, exclusive of the table of contents and table of authorities.. Signed on 09/04/2020 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Powers, Jo)
September 4, 2020 Filing 17 MOTION for leave to file excess pages filed by Benjamin S. Creedy on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/18/2020 unless otherwise directed by the court. (Creedy, Benjamin)
September 4, 2020 Filing 16 MOTION for leave to file excess pages filed by Benjamin S. Creedy on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/18/2020 unless otherwise directed by the court. (Creedy, Benjamin)
September 3, 2020 Opinion or Order Filing 15 ORAL ORDER MAP Mediation Conference via videoconferencing set for 12/10/2020 at 09:30 AM before Magistrate Judge Lajuana M. Counts. The parties are directed to review Judge Counts' Standing Order for MAP Mediations and Settlement Conferences located on the Court's website at https://www.mow.uscourts.gov/judges/counts and comply with its directives. Furthermore, the parties are directed to review the MAP General Order found on the Mediation and Assessment Program section of the Court's website. The parties are directed to contact chambers forthwith if they believe the mediation conference will exceed half-a-day. Videoconferencing instructions will be sent closer to the date of the mediation. Signed on September 3, 2020 by Magistrate Judge Lajuana M. Counts. This is a TEXT ONLY ENTRY. No document is attached. (Clinton, Erica)
August 21, 2020 Filing 14 SUGGESTIONS in support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lee M. Baty on behalf of Defendant Pony Express Trucking, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #13 ) (Baty, Lee)
August 21, 2020 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lee M. Baty on behalf of Pony Express Trucking, Inc.. Suggestions in opposition/response due by 9/4/2020 unless otherwise directed by the court. (Baty, Lee)
August 20, 2020 Filing 12 NOTICE of appearance by Andrew Joseph Liles on behalf of Herzog Contracting Corp. (Liles, Andrew)
August 20, 2020 Filing 11 ANSWER to Complaint with Jury Demand , CROSSCLAIM against Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC on behalf of Herzog Contracting Corp..(Attorney Andrew Joseph Liles added to party Herzog Contracting Corp.(pty:dft))(Liles, Andrew)
August 19, 2020 Opinion or Order Filing 10 ORDER granting #8 motion to withdraw as attorney. Attorney Bradley L. Akins terminated as counsel for Ryan Andrew Eckstein. Signed on 08/19/2020 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Powers, Jo)
August 19, 2020 Opinion or Order Filing 9 ORDER granting #7 motion to withdraw as attorney. Attorney Brette S. Hart terminated as counsel for Ryan Andrew Eckstein. Signed on 08/19/2020 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Powers, Jo)
August 18, 2020 Filing 8 MOTION to withdraw as attorney filed by Bradley L. Akins on behalf of Ryan Andrew Eckstein. Suggestions in opposition/response due by 9/1/2020 unless otherwise directed by the court. (Akins, Bradley)
August 18, 2020 Filing 7 MOTION to withdraw as attorney filed by Brette S. Hart on behalf of Ryan Andrew Eckstein. Suggestions in opposition/response due by 9/1/2020 unless otherwise directed by the court. (Hart, Brette)
August 18, 2020 Filing 6 ANSWER to Complaint (First Amended Petition) on behalf of Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC.(Dollar, Tim)
August 18, 2020 Filing 5 NOTICE of appearance by Tim Eugene Dollar on behalf of Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC (Attorney Tim Eugene Dollar added to party Ryan Andrew Eckstein(pty:dft), Attorney Tim Eugene Dollar added to party Matt Grooms(pty:dft), Attorney Tim Eugene Dollar added to party Grooms & Egbert Hauling, LLC(pty:dft))(Dollar, Tim)
August 18, 2020 Filing 4 NOTICE of appearance by Thomas Hershewe on behalf of Ryan Andrew Eckstein, Matt Grooms, Grooms & Egbert Hauling, LLC (Attorney Thomas Hershewe added to party Ryan Andrew Eckstein(pty:dft), Attorney Thomas Hershewe added to party Matt Grooms(pty:dft), Attorney Thomas Hershewe added to party Grooms & Egbert Hauling, LLC(pty:dft))(Hershewe, Thomas)
August 17, 2020 Opinion or Order Filing 3 RULE 16 NOTICE. Please see text of order. Signed on 8/17/20 by District Judge Fernando J. Gaitan, Jr. (Shawver, Marylynn)
August 17, 2020 Filing 2 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 Lajuana M. Counts. (Attachments: #1 MAP General Order)(Woods, Gloria)
August 14, 2020 Filing 1 NOTICE OF REMOVAL from Andrew County County, case number 19AW-CC00220, filed by Lee M. Baty on behalf of Pony Express Trucking, Inc.. Filing fee $ 400, receipt number AMOWDC-6995293. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H - Civil Cover Sheet)(Baty, Lee) .

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Search for this case: Holt et al v. Pony Express Trucking, Inc.
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Defendant: Pony Express Trucking, Inc.
Represented By: Lee M. Baty
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Defendant: Matt Grooms doing business as Grooms Concrete
Represented By: James S. Kreamer
Represented By: Tim Eugene Dollar
Represented By: Angela M. Higgins
Represented By: Thomas Hershewe
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Defendant: Ryan Andrew Eckstein
Represented By: James S. Kreamer
Represented By: Bradley L. Akins
Represented By: Tim Eugene Dollar
Represented By: Angela M. Higgins
Represented By: Brette S. Hart
Represented By: Thomas Hershewe
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Defendant: Herzog Contracting Corp.
Represented By: Andrew Joseph Liles
Represented By: Jeffrey B. Davison
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Defendant: Grooms & Egbert Hauling, LLC
Represented By: James S. Kreamer
Represented By: Bradley L. Akins
Represented By: Tim Eugene Dollar
Represented By: Angela M. Higgins
Represented By: Brette S. Hart
Represented By: Thomas Hershewe
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Plaintiff: Derek W. Holt
Represented By: Kenneth E Siemens
Represented By: Laurna Alumbaugh
Represented By: Benjamin S. Creedy
Represented By: Lindsey Brooke Holcumbrink
Represented By: Michael L. Taylor
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Plaintiff: Lindy Holt
Represented By: Kenneth E Siemens
Represented By: Laurna Alumbaugh
Represented By: Benjamin S. Creedy
Represented By: Lindsey Brooke Holcumbrink
Represented By: Michael L. Taylor
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Cross defendant: Matt Grooms
Represented By: Tim Eugene Dollar
Represented By: Thomas Hershewe
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