Berns et al v. EnTrans International, LLC et al
Plaintiff: E.B., L.B. and Jerred Berns
Defendant: Does 1-5, PSC Custom, LLC doing business as Polar Services Center, Alan Roth and EnTrans International, LLC
Case Number: 1:2021cv00059
Filed: May 24, 2021
Court: US District Court for the District of Montana
Office: Billings Office
Presiding Judge: Timothy J Cavan
Referring Judge: Susan P Watters
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2021 Opinion or Order Filing 22 Clerk's Notice Upon Consent to USMJ. Pursuant to L.R. 73.1 and consent of the parties having been made, this case is assigned to the United States magistrate judge to conduct all further proceedings, enter judgment and conduct all post-trial proceedings. Case reassigned to Magistrate Judge Timothy J. Cavan. (JDH)
July 16, 2021 Opinion or Order Filing 21 CONSENTS TO USMJ. (JDH)
July 16, 2021 Opinion or Order Filing 20 RESPONSE to Motion re #11 MOTION to Remand filed by EnTrans International, LLC, PSC Custom, LLC, Alan Roth. (Warren, Adam)
July 14, 2021 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to File Response re #11 MOTION to Remand . Defendants shall file their response by July 16, 2021. Signed by Magistrate Judge Timothy J. Cavan on 7/14/2021. (HEG)
July 13, 2021 Opinion or Order Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Remand Adam J. Warren appearing for Defendants EnTrans International, LLC, PSC Custom, LLC, Alan Roth Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Warren, Adam)
July 7, 2021 Opinion or Order Filing 17 Corporate Disclosure Statement by EnTrans International, LLC, PSC Custom, LLC. (Warren, Adam)
July 6, 2021 Opinion or Order Filing 16 ORDER granting #15 Motion for Extension of Time to File Response/Reply re #11 MOTION to Remand. Responses due by 7/14/2021. Signed by Magistrate Judge Timothy J. Cavan on 7/6/2021. (JDH)
July 6, 2021 Opinion or Order Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Remand Adam J. Warren appearing for Defendants EnTrans International, LLC, PSC Custom, LLC, Alan Roth Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Warren, Adam)
July 6, 2021 Opinion or Order Filing 14 ORDER granting #13 Motion Hold in Abeyance. Briefing on Defendants' Partial Motion to Dismiss shall be stayed pending resolution of Plaintiffs Motion toRemand. Signed by Magistrate Judge Timothy J. Cavan on 7/6/2021. (JDH)
July 2, 2021 Opinion or Order Filing 13 Unopposed MOTION Hold in Abeyance re #4 MOTION to Dismiss Partial Rule 12, #11 MOTION to Remand A. Christopher Edwards appearing for Plaintiffs Jerred Berns, E.B., L.B. Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Edwards, A.)
June 23, 2021 Opinion or Order Filing 12 Brief/Memorandum in Support re #11 MOTION to Remand filed by Jerred Berns, E.B., L.B.. (Edwards, A.)
June 23, 2021 Opinion or Order Filing 11 MOTION to Remand A. Christopher Edwards appearing for Plaintiffs Jerred Berns, E.B., L.B. Motions referred to Timothy J. Cavan. (Edwards, A.)
June 14, 2021 Opinion or Order Filing 10 ORDERED: Plaintiffs shall file their response to #4 by June 29, 2021. Signed by Magistrate Judge Timothy J. Cavan on 6/14/2021. (HEG)
June 11, 2021 Opinion or Order Filing 9 Unopposed MOTION for Extension of Time to File Response to #4 Motion to Dismiss. A. Christopher Edwards appearing for Plaintiffs Jerred Berns, E.B., L.B. Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Edwards, A.) (Linked to motion.) (NOS)
June 9, 2021 Opinion or Order Filing 8 Mailing of Consent Judge Cavan as Presiding Judge. Mailed to counsel A. Clifford Edwards, A. Christopher Edwards, John William Edwards, Adam J. Warren, Jordan Walter FitzGerald. Consent/Objection to USMJ Form due by 6/28/2021. (APP)
May 26, 2021 Opinion or Order Filing 7 COMPLAINT and Demand for Jury Trial filed in State Court against Does 1-5, EnTrans International, LLC, PSC Custom, LLC, Alan Roth, filed by Jerred Berns, L.B., E.B. (JDH)(Due to unredacted confidential information in this document and per TJC chambers, access is restricted to case participants.)
May 26, 2021 Opinion or Order Filing 6 STATE COURT FILE: DV-56-2021-0000445-PI, MT 13th Judicial District Court, Yellowstone County. (Attachments: #1 State Court File, #2 File Receipt) (JDH) (Due to unredacted confidential information in these documents and per TJC chambers, access is restricted to case participants.)
May 25, 2021 Opinion or Order Filing 5 Brief/Memorandum in Support re #4 MOTION to Dismiss Partial Rule 12 filed by EnTrans International, LLC, PSC Custom, LLC, Alan Roth. (Warren, Adam)
May 25, 2021 Opinion or Order Filing 4 MOTION to Dismiss Partial Rule 12 Adam J. Warren appearing for Defendants EnTrans International, LLC, PSC Custom, LLC, Alan Roth Motions referred to Timothy J. Cavan. (Warren, Adam)
May 24, 2021 Opinion or Order Filing 3 NOTICE OF REMOVAL by EnTrans International, LLC, PSC Custom, LLC, Alan Roth from Yellowstone, case number DV 21-0445. ( Filing fee $ 402 receipt number 0977-2668859), filed by EnTrans International, LLC, PSC Custom, LLC, Alan Roth. (Attachments: #1 Exhibit A - Complaint - Redacted, #2 Exhibit B - Summons/Aff of Service - Roth, #3 Exhibit C - Proof of Service/Summons - EnTrans, #4 Exhibit D - Proof of Service/Summons - PSC, #5 Civil Cover Sheet) (Warren, Adam)
May 24, 2021 Opinion or Order Filing 2 ORDER. IT IS HEREBY ORDERED that the Notice of Removal and Exhibits (Docs. 1, 1-1, 1-2, 1-3, 1-4, 1-5) be SEALED and Defendants shall re-file redacted versions in conformance with the above rules and guidance. IT IS FURTHER ORDERED that the Clerk of Court amend the docket caption to reflect the named parties in the redacted Notice of Removal materials. (See Doc. 1-1; see e.g. Caption, supra.) Signed by Magistrate Judge Timothy J. Cavan on 5/24/2021. (HEG)
May 24, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by EnTrans International, LLC, PSC Custom, LLC, Alan Roth from MT 13th Judicial District, case number DV-21-0445. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons/Aff of Service - Roth, #3 Exhibit C - Proof of Service/Summons - EnTrans, #4 Exhibit D - Proof of Service/Summons - PSC, #5 Civil Cover Sheet) (JDH)
May 24, 2021 Opinion or Order Filing fee received: $ 402.00, receipt number 0977-2668859 (JDH)

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Defendant: Does 1-5
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Defendant: PSC Custom, LLC doing business as Polar Services Center
Represented By: Jordan Walter FitzGerald
Represented By: Adam J. Warren
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Defendant: Alan Roth
Represented By: Jordan Walter FitzGerald
Represented By: Adam J. Warren
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Defendant: EnTrans International, LLC
Represented By: Jordan Walter FitzGerald
Represented By: Adam J. Warren
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Plaintiff: E.B.
Represented By: A. Christopher Edwards
Represented By: A. Clifford Edwards
Represented By: John William Edwards
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Plaintiff: L.B.
Represented By: A. Christopher Edwards
Represented By: A. Clifford Edwards
Represented By: John William Edwards
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Plaintiff: Jerred Berns
Represented By: A. Christopher Edwards
Represented By: A. Clifford Edwards
Represented By: John William Edwards
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