Yankeecub v. Fendley et al
| Yankeecub |
| Steven Fendley, ABC Companies 1-5, Joyce Fendley and Does 1-5 |
| Mitchell Rose |
| 2:2021cv00042 |
| April 30, 2021 |
| US District Court for the District of Montana |
| John Johnston |
| Brian Morris |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Both |
Docket Report
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This docket was last retrieved on August 26, 2021. A more recent docket listing may be available from PACER.
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Filing 37
NOTICE: Receipt of Remand Documents. (MMS)
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Filing 36
Remark: Original State Court Documents along with copies of our documents mailed back to Gallatin County State Court from Butte Clerks office. (MMS)
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Filing 35
ORDER granting #11 Motion to Remand; finding as moot #23 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Brian Morris on 8/13/2021. (SLL)
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Filing 34
AFFIDAVIT of Service for Summons and Third-Party Complaint served on Mitchell Rose on July 28, 2021, filed by Joyce Fendley. (Walton, Gary)
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Filing 33
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION TO RESPOND TO DEFENDANT FENDLEY'S FIRST DISCOVERY REQUESTS: IT IS HEREBY ORDERED that Plaintiff and Counter-Defendant, Yankeecub, LLC has until August 13, 2021 in which to serve its responses to Defendant Joyce Fendleys First Discovery Requests. Signed by Judge Brian Morris on 7/29/2021. (SLR)
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Filing 32
Unopposed MOTION for Extension of Time to Serve Discovery Responses Michael Lloyd Rabb appearing for Plaintiff Yankeecub, Counter Defendant Yankeecub (Attachments: #1 Text of Proposed Order) (Rabb, Michael)
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Filing 31
NOTICE by Steven Fendley re #24 Brief/Memorandum in Support, #23 MOTION to Dismiss for Lack of Jurisdiction Steven M. Fendley Notice of Authority (Walton, Gary)
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Filing 30
MINUTE ENTRY for proceedings held before Judge Brian Morris: Motion Hearing held on 7/27/2021 re #23 MOTION to Dismiss for Lack of Jurisdiction Steven M. Fendley filed by Steven Fendley, #11 MOTION to Remand filed by Yankeecub. Appearances by Michael Rabb for Plaintiff and Gary Walton for Defendants. Parties argued motions on behalf of their clients. Motions deemed submitted and decisions to be forthcoming after Judge reviews Plaintiffs response. Hearing commenced at 2:38 and concluded at 3:23. (Court Reporter Y HEINZE.) (Law Clerk: S CARMACK), (Hearing held in Butte) (Grady, Colleen)
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Filing 29
RESPONSE to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction Steven M. Fendley filed by Yankeecub. (Rabb, Michael)
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Filing 28
AMENDED DOCUMENT by Yankeecub. Amendment to #13 Affidavit/Declaration, #11 MOTION to Remand First Amended Affidavit of Attorney Fees. (Attachments: #1 Exhibit Invoices) (Rabb, Michael)
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Filing 27
SCHEDULING ORDER: Final Pretrial Conference set for 7/14/2022 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Jury Trial set for 7/25/2022 at 09:00 AM in Butte, MT before Judge Brian Morris. Amended Pleadings due by 9/3/2021. Discovery due by 1/28/2022. Motions due by 3/28/2022. Proposed Pretrial Order due by 6/27/2022. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 7/8/2021. (MMS)
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Filing 26
TEXT ORDER Setting Hearing on Motion #23 MOTION to Dismiss for Lack of Jurisdiction Steven M. Fendley : Motion Hearing set for 7/27/2021 at 02:30 PM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 7/8/2021. (SLL)
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Filing 25
MINUTE ENTRY for proceedings held before Judge Brian Morris: Telephonic Pretrial Conference held on 7/8/2021. (Law Clerk: J. Pollack), (SLL)
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Filing 24
Brief/Memorandum in Support re #23 MOTION to Dismiss for Lack of Jurisdiction Steven M. Fendley filed by Steven Fendley. (Attachments: #1 Affidavit Affidavit of Steven M. Fendley) (Walton, Gary)
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Filing 23
MOTION to Dismiss for Lack of Jurisdiction Steven M. Fendley Gary L. Walton appearing for Defendant Steven Fendley (Walton, Gary)
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Filing 22
STATEMENT OF STIPULATED FACTS by Yankeecub. (Rabb, Michael)
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Filing 21
PRELIMINARY PRETRIAL STATEMENT by Yankeecub. (Rabb, Michael)
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Filing 20
JOINT DISCOVERY PLAN by Joyce Fendley. (Walton, Gary)
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Filing 19
PRELIMINARY PRETRIAL STATEMENT by Joyce Fendley. (Walton, Gary)
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Filing 18
REPLY to Response to Motion re #12 MOTION to Remand Brief in support of, #11 MOTION to Remand filed by Mitchell Rose, Yankeecub. (Attachments: #1 Exhibit Email) (Rabb, Michael)
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Filing 17
RESPONSE to Motion re #12 MOTION to Remand Brief in support of, #11 MOTION to Remand filed by Joyce Fendley. (Walton, Gary)
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Filing 16
TEXT ORDER Setting Hearing on Motion #11 MOTION to Remand : Motion Hearing set for 7/27/2021 at 02:30 PM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/9/2021. (SLL)
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Filing 15
ANSWER to #5 Answer to Complaint, Counterclaim by Yankeecub. (Rabb, Michael)
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Filing 14
Notice of Correction: re #12 Brief in support of Motion to Remand. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (SLR)
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Filing 13
AFFIDAVIT/DECLARATION re #12 MOTION to Remand Brief in support of, #11 MOTION to Remand by Yankeecub. (Attachments: #1 Exhibit Contract, #2 Exhibit Invoice) (Rabb, Michael)
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Filing 12
Brief in support of #11 Motion to Remand. Michael Lloyd Rabb appearing for Plaintiff Yankeecub (Rabb, Michael) Modified on 6/2/2021 to correct text. (SLR).
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Filing 11
MOTION to Remand Michael Lloyd Rabb appearing for Plaintiff Yankeecub (Rabb, Michael)
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Filing 10
Summons Issued as to Mitchell Rose. Counsel is directed to download and print Summons for service. The Clerk's Office no longer mails issued Summonses. (SLR)
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Filing 9
THIRD PARTY COMPLAINT Joyce Fendley against Mitchell Rose, filed by Joyce Fendley. (Attachments: #1 Supplement Summons to be issued) (Walton, Gary)
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Filing 8
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 7/1/2021. Joint Discovery Plan due by 7/1/2021. Statement of Stipulated Facts due by 7/1/2021. Telephonic Pretrial Conference set for 7/8/2021 at 02:30 PM before Judge Brian Morris. Signed by Judge Brian Morris on 5/25/2021. **SEE ORDER FOR DETAILS** (ACC)
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Filing 7
Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Honorable Brian Morris. The referral is TERMINATED and the Honorable Magistrate Judge John Johnston no longer assigned to case. Signed by Judge Brian Morris on 5/25/2021. (ACC)
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Filing 6
Mailing of Consent - Honorable John Johnston as Presiding Judge.Electronically mailed to counsel Gary L. Walton, Michael Lloyd Rabb. Consent/Objection to USMJ Form due by 6/1/2021. (ACC)
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Filing 5
Joyce G. Fendley ANSWER to #4 Complaint with Jury Demand Joyce G. Fendley, COUNTERCLAIM against Yankeecub by Joyce Fendley. (Walton, Gary)
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Filing 4
COMPLAINT (State Court) against All Defendants, filed by Yankeecub. (ACC)
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Filing 3
NOTICE re #1 Notice of Removal from Montana Eighteenth Judicial District Court, Gallatin County, consisting of: (Attachments: #1 State Court Docket Sheet, #2 Praecipe, #3 Summons Return - Joye Fendley, #4 Summons Return - Steven Fendley, #5 Steven Fendley's Motion to Dismiss, #6 Brief in Support of Steven Fendley's Motion to Dismiss, #7 Joyce Fendley's Motion to Dismiss Counts II & III, #8 Brief in Support of Joyce Fendley's Motion to Dismiss Counts II & III, #9 Joyce Fendley's Motion Substitution of Judge, #10 Request for Transmittal of File on Removal, #11 Order Substitution and Assumption of Jurisdiction) (ACC)
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Filing 2
Mailing of Consent: Honorable John T. Johnston as Presiding Judge. Electronically mailed to counsel Gary L. Walton, Michael Lloyd Rabb. Consent/Objection to USMJ Form due by 5/20/2021. (SLR)
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Filing fee: $ 402.00, receipt number 0977-2658123. (SLR)
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Filing 1
NOTICE OF REMOVAL by Joyce Fendley, Steven Fendley from Montana Eighteenth Judicial District Court, Gallatin County, case number DV-21-284B. (Attachments: #1 Exhibit A - State Court Complaint, #2 Civil Cover Sheet) (SLR)
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