Coleman et al v. Ripley Entertainment, Inc. et al
| Lisa D. Berry, Marlo Rose Wells, John D. Coleman, Ervin Coleman and Maxwell Ly |
| Herschend Family Entertainment Corporation d/b/a Ride The Ducks, Ride The Ducks of Branson, LLC, d/b/a Ride The Ducks, Ripley Entertainment, Inc., Amphibious Vehicle Manufacturing, LLC, Ride The Ducks International, LLC d/b/a Ride The Ducks, Ride the Ducks International, LLC, Ride the Ducks of Branson, LLC and Herschend Family Entertainment Corporation |
| United States of America |
| 6:2018cv03225 |
| July 29, 2018 |
| US District Court for the Western District of Missouri |
| Springfield Office |
| Taney |
| M Douglas Harpool |
| Matt J Whitworth |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 25, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 58
ORDER granting #57 Government's motion for extension of time to reply to Plaintiffs' suggestions in opposition to Government's Motion to Stay. The Government has up to and including October 17, 2018 to submit its response. This is a TEXT ONLY ENTRY. No document is attached. (Roubal, Kristen)
|
| Filing 57 MOTION for extension of time to file response/reply as to #46 Suggestions in Opposition to Motion,,,, filed by Casey Michael Clark on behalf of United States of America. Suggestions in opposition/response due by 10/9/2018 unless otherwise directed by the court. (Related document(s) #46 ) (Clark, Casey) |
| Filing 56 NOTICE of appearance by Scott Pummell on behalf of Ripley Entertainment, Inc. (Attorney Scott Pummell added to party Ripley Entertainment, Inc.(pty:dft))(Pummell, Scott) |
| Filing 55 RESPONSE to motion re #45 MOTION to strike #35 MOTION to intervene and Motion to Stay Discovery filed by Casey Michael Clark on behalf of Intervenor United States of America. Reply suggestions due by 10/9/2018 unless otherwise directed by the court. (Clark, Casey) |
| Filing 54 SUGGESTIONS in support re #53 MOTION to dismiss party filed by Kevin P. Krueger on behalf of Defendant Ride the Ducks International, LLC. (Related document(s) #53 ) (Krueger, Kevin) |
| Filing 53 MOTION to dismiss party filed by Kevin P. Krueger on behalf of Ride the Ducks International, LLC. Suggestions in opposition/response due by 10/5/2018 unless otherwise directed by the court. (Krueger, Kevin) |
| Filing 52 ANSWER to #1 Complaint, with Jury Demand on behalf of Ride the Ducks International, LLC.(Krueger, Kevin) |
|
Filing 51
ORDER granting in part and denying in part #50 Ripley Entertainment's second motion for extension of time. Defendant has up to and including October 31, 2018 to file an Answer to the Complaint. Defendant has up to and including October 1, 2018 to file any motion(s) challenging the sufficiency of the Complaint. This is a TEXT ONLY ENTRY. No document is attached. (Roubal, Kristen)
|
| Filing 50 Second MOTION for extension of time to Respond to Complaint by Consent filed by Terrance J. Good on behalf of Ripley Entertainment, Inc.. Suggestions in opposition/response due by 10/5/2018 unless otherwise directed by the court. (Good, Terrance) |
| Filing 49 NOTICE of appearance by Anna Idelevich on behalf of Herschend Family Entertainment Corporation (Attorney Anna Idelevich added to party Herschend Family Entertainment Corporation(pty:dft))(Idelevich, Anna) |
| Filing 48 CERTIFICATE of counsel CERTIFICATE OF CORPORATE INTEREST by Mercedes Ordonez on behalf of Herschend Family Entertainment Corporation (Ordonez, Mercedes) |
| Filing 47 REPLY SUGGESTIONS to motion re #25 MOTION for more definite statement filed by Mercedes Ordonez on behalf of Defendant Herschend Family Entertainment Corporation. (Related document(s) #25 ) (Ordonez, Mercedes) |
| Filing 46 SUGGESTIONS in opposition re #35 MOTION to intervene and Motion to Stay Discovery filed by Robert J. Mongeluzzi on behalf of Plaintiffs Lisa D. Berry, Ervin Coleman, John D. Coleman, Maxwell Ly, Marlo Rose Wells. Reply suggestions due by 9/26/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A - List of Likely Deponents, #2 Exhibit Exhibit B - Ride the Ducks Branson Website, #3 Exhibit Exhibit C - Ripley's Suggestions in Support of its Motion to Dismiss (Case 3293), #4 Exhibit Exhibit D - Hoover's Company Profile, #5 Exhibit Exhibit E - The Jim Pattison Group Website, #6 Exhibit Exhibit F - Forbes Website, #7 Exhibit Exhibit G - Ban Death Trap Duck Boats Now Petition, #8 Exhibit Exhibit H - Claire McCaskill Website, #9 Exhibit Exhibit I - Ride the Ducks Statement, #10 Exhibit Exhibit J - CNN Article on DUKW 34, #11 Exhibit Exhibit K - DUKW 34 Complaint, #12 Exhibit Exhibit L - K-Sea Complaint for Exoneration, #13 Exhibit Exhibit M - USA v. Matthew Devlin, #14 Exhibit Exhibit N - Sentencing Hearing Transcript)(Related document(s) #35 ) (Mongeluzzi, Robert) |
| Filing 45 MOTION to strike #35 MOTION to intervene and Motion to Stay Discovery filed by Kevin P. Krueger on behalf of Ride the Ducks International, LLC. Suggestions in opposition/response due by 9/24/2018 unless otherwise directed by the court. (Related document(s) #35 ) (Krueger, Kevin) |
| Filing 44 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Hearing on all pending motions and Case Management Conference set for 11/1/2018 09:30 AM in DJ Courtroom 1, Springfield (MDH) before District Judge M. Douglas Harpool. (Howard, Linda) |
| Filing 43 SUGGESTIONS in opposition re #25 MOTION for more definite statement filed by Robert J. Mongeluzzi on behalf of Plaintiffs Lisa D. Berry, Ervin Coleman, John D. Coleman, Maxwell Ly, Marlo Rose Wells. Reply suggestions due by 9/19/2018 unless otherwise directed by the court. (Related document(s) #25 ) (Mongeluzzi, Robert) |
| Filing 42 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)(Keller, Jeanne) |
|
Filing 41
ORDER granting #33 #34 motion to appear pro hac vice entered by Clerk of Court. Attorney David A Dial and Richard H Hill, II for Herschend Family Entertainment Corporation 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. (Russel, Jeri)
|
|
Filing 40
ORDER granting #38 motion for leave to file excess pages. Plaintiffs are granted leave to file up to 25 pages in opposition to the government's motion to stay discovery. Signed on 8/29/18 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (View, Pat)
|
|
Filing 39
ORDER granting #37 motion for leave to file excess pages. United States of America is granted permission to file up to 25 pages. Signed on 8/29/18 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (View, Pat)
|
| Filing 38 MOTION for leave to file excess pages in Opposition to the Government's Motion to Stay Discovery filed by Gregory W. Aleshire on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/12/2018 unless otherwise directed by the court. (Aleshire, Gregory) |
| Filing 37 MOTION for leave to file excess pages filed by Casey Michael Clark on behalf of United States of America. Suggestions in opposition/response due by 9/12/2018 unless otherwise directed by the court. (Clark, Casey) |
| Filing 36 NOTICE of appearance by Randall D. Eggert on behalf of United States of America (Attorney Randall D. Eggert added to party United States of America(pty:intv))(Eggert, Randall) |
| Filing 35 MOTION to intervene and Motion to Stay Discovery filed by Casey Michael Clark on behalf of United States of America. Suggestions in opposition/response due by 9/12/2018 unless otherwise directed by the court. (Attachments: #1 Attachment)(Attorney Casey Michael Clark added to party United States of America(pty:intv))(Clark, Casey) |
| Filing 34 Motion to allow Richard H. Hill, II to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5913815) filed by Mercedes Ordonez on behalf of Herschend Family Entertainment Corporation. (Ordonez, Mercedes) |
| Filing 33 Motion to allow David A. Dial to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5913778) filed by Mercedes Ordonez on behalf of Herschend Family Entertainment Corporation. (Ordonez, Mercedes) |
|
Filing 32
ORDER granting #27 #28 #29 #30 & #31 motion to appear pro hac vice entered by Clerk of Court. Attorneys Roman E Solowski, Benjamin J Levinsky, Kelly L Ferron, Paul D Motz and John W Patton, Jr for Ripley Entertainment, 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. (Geiser, Angel)
|
| Filing 31 Motion to allow John W. Patton, Jr. to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5908623) filed by Terrance J. Good on behalf of Ripley Entertainment, Inc.. (Good, Terrance) |
| Filing 30 Motion to allow Paul D. Motz to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5908612) filed by Terrance J. Good on behalf of Ripley Entertainment, Inc.. (Good, Terrance) |
| Filing 29 Motion to allow Kelly L. Ferron to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5908598) filed by Terrance J. Good on behalf of Ripley Entertainment, Inc.. (Good, Terrance) |
| Filing 28 Motion to allow Benjamin J. Levinsky to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5908586) filed by Terrance J. Good on behalf of Ripley Entertainment, Inc.. (Good, Terrance) |
| Filing 27 Motion to allow Roman E. Solowski to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5908493) filed by Terrance J. Good on behalf of Ripley Entertainment, Inc.. (Good, Terrance) |
| Filing 26 SUGGESTIONS in support re #25 MOTION for more definite statement filed by Mercedes Ordonez on behalf of Defendant Herschend Family Entertainment Corporation. (Attachments: #1 Exhibit EXHIBIT 1)(Related document(s) #25 ) (Ordonez, Mercedes) |
| Filing 25 MOTION for more definite statement filed by Mercedes Ordonez on behalf of Herschend Family Entertainment Corporation. Suggestions in opposition/response due by 9/5/2018 unless otherwise directed by the court. (Attorney Mercedes Ordonez added to party Herschend Family Entertainment Corporation(pty:dft))(Ordonez, Mercedes) |
|
Filing 24
ORDER granting #23 Defendant Ride the Ducks International, LLC's Motion for Extension of Time to Answer or Otherwise respond to Plaintiffs' Complaint. Ride The Ducks International, LLC has up to and including 9/21/2018 to respond to Plaintiffs' Complaint. This is a TEXT ONLY ENTRY. No document is attached. (Roubal, Kristen)
|
| Filing 23 MOTION for extension of time to file answer or otherwise respond to plaintiffs' complaint filed by Kevin P. Krueger on behalf of Ride the Ducks International, LLC. Suggestions in opposition/response due by 9/4/2018 unless otherwise directed by the court. (Krueger, Kevin) |
| Filing 22 NOTICE of appearance by Lawrence S Hall on behalf of Ride the Ducks International, LLC (Attorney Lawrence S Hall added to party Ride the Ducks International, LLC(pty:dft))(Hall, Lawrence) |
| Filing 21 NOTICE of appearance by Andrew D Ryan on behalf of Ride the Ducks International, LLC (Attorney Andrew D Ryan added to party Ride the Ducks International, LLC(pty:dft))(Ryan, Andrew) |
| Filing 20 NOTICE of appearance by Kevin P. Krueger on behalf of Ride the Ducks International, LLC (Attorney Kevin P. Krueger added to party Ride the Ducks International, LLC(pty:dft))(Krueger, Kevin) |
|
Filing 19
ORDER granting #18 Defendant Ripley Entertainment, Inc.'s Motion for Extension of Time to Respond to Complaint. Ripley Entertainment, Inc. has up to and including 9/21/2018 to respond to Plaintiffs' Complaint. This is a TEXT ONLY ENTRY. No document is attached. (Roubal, Kristen)
|
| Filing 18 MOTION for extension of time to file answer re #1 Complaint, filed by Alexandra C. Wells on behalf of Ripley Entertainment, Inc.. Suggestions in opposition/response due by 8/31/2018 unless otherwise directed by the court. (Related document(s) #1 ) (Wells, Alexandra) |
| Filing 17 NOTICE of appearance by Alexandra C. Wells on behalf of Ripley Entertainment, Inc. (Attorney Alexandra C. Wells added to party Ripley Entertainment, Inc.(pty:dft))(Wells, Alexandra) |
| Filing 16 NOTICE of appearance by Terrance J. Good on behalf of Ripley Entertainment, Inc. (Attorney Terrance J. Good added to party Ripley Entertainment, Inc.(pty:dft))(Good, Terrance) |
| Filing 15 RETURN OF SERVICE of complaint executed by All Plaintiffs. Ride The Ducks of Branson, LLC, d/b/a Ride The Ducks served on 8/1/2018, answer due 8/22/2018. (Aleshire, Gregory) |
| Filing 14 RETURN OF SERVICE of complaint executed by All Plaintiffs. Amphibious Vehicle Manufacturing, LLC served on 8/1/2018, answer due 8/22/2018. (Aleshire, Gregory) |
| Filing 13 RETURN OF SERVICE of complaint executed by All Plaintiffs. Herschend Family Entertainment Corporation d/b/a Ride The Ducks served on 8/1/2018, answer due 8/22/2018. (Aleshire, Gregory) |
| Filing 12 RETURN OF SERVICE of complaint executed by All Plaintiffs. Ripley Entertainment, Inc. served on 8/1/2018, answer due 8/22/2018. (Aleshire, Gregory) |
|
Filing 11
ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge M. Douglas Harpool for all further proceedings. Magistrate Judge Matt J. Whitworth no longer assigned to case. Please note the new case number 6:18-03225-CV-S-MDH. Signed on 8/6/18 by Chief District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Bax, Laura)
|
| Filing 10 RETURN OF SERVICE of complaint executed by All Plaintiffs. Ride The Ducks International, LLC d/b/a Ride The Ducks served on 8/1/2018, answer due 8/22/2018. (Aleshire, Gregory) |
|
Filing 9
ORDER granting #6 #7 #8 motion to appear pro hac vice entered by Clerk of Court. Attorney Robert J. Mongeluzzi, Andrew R. Duffy, & Jeffrey P. Goodman for Lisa D. Berry, Ervin Coleman, John D. Coleman, Maxwell Ly, and Marlo Rose Wells 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.(Russel, Jeri)
|
| Filing 8 Motion to allow Jeffrey P. Goodman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5872715) filed by Gregory W. Aleshire on behalf of All Plaintiffs. (Attachments: #1 Affidavit)(Aleshire, Gregory) |
| Filing 7 Motion to allow Andrew R. Duffy to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5872708) filed by Gregory W. Aleshire on behalf of All Plaintiffs. (Attachments: #1 Affidavit)(Aleshire, Gregory) |
| Filing 6 Motion to allow Robert J. Mongeluzzi to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5872698) filed by Gregory W. Aleshire on behalf of All Plaintiffs. (Attachments: #1 Affidavit)(Aleshire, Gregory) |
|
Filing 5
ORDER denying #2 #3 #4 motions to appear pro hac vice entered by Clerk of Court. The court has denied your pro hac vice motions because the Affidavits of the Proposed Admittees were not signed. Please refile your motions with the required signatures. To avoid being charged a duplicate fee, please insert the receipt number issued for these motions in the receipt box on your new filing. ; Signed on 7/31/18 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri)
|
| Filing 4 Motion to allow Jeffrey P. Goodman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5872715) filed by Gregory W. Aleshire on behalf of All Plaintiffs. (Attachments: #1 Affidavit)(Aleshire, Gregory) |
| Filing 3 Motion to allow Andrew R. Duffy to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5872708) filed by Gregory W. Aleshire on behalf of All Plaintiffs. (Attachments: #1 Affidavit)(Aleshire, Gregory) |
| Filing 2 Motion to allow Robert J. Mongeluzzi to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5872698) filed by Gregory W. Aleshire on behalf of All Plaintiffs. (Attachments: #1 Affidavit)(Aleshire, Gregory) |
| NOTICE OF MAGISTRATE ASSIGNMENT. This is a docket entry only. No document is attached. Magistrate Return due by 8/20/2018 unless otherwise directed by the court. (Keller, Jeanne) |
| SUMMONS ISSUED as to Amphibious Vehicle Manufacturing, LLC, Herschend Family Entertainment Corporation d/b/a Ride The Ducks, Ride The Ducks International, LLC d/b/a Ride The Ducks, Ride The Ducks of Branson, LLC, d/b/a Ride The Ducks, Ripley Entertainment, Inc. and e-mailed to Plaintiffs' counsel. (Keller, Jeanne) |
| Filing 1 COMPLAINT against All Defendants filed by Gregory W. Aleshire on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-5871769. Service due by 10/29/2018 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Aleshire, Gregory) (Attachment 1 replaced on 7/31/2018) (Keller, Jeanne). |
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.
