Bruce Ballinger v. US Express Carriers, LLC
| Bruce Ballinger |
| US Express Carriers LLC |
| 2:2024cv00864 |
| May 8, 2024 |
| US District Court for the District of Nevada |
| James C Mahan |
| Elayna J Youchah |
| Labor: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 5/8/2024. This action was received on* 05/06/2024* pursuant to a court order directing transfer from the* Central District of California* and assigned case number 2:24-cv-00864-JCM-EJY. All future documents must bear said correct case number. Verified Petition due by 5/22/2024. Joint Status Report due by 6/7/2024. (Copies have been distributed pursuant to the NEF - MAM) |
| Filing 27 Case transferred in from District of California Central; Case Number 5:23-cv-01241. Original file with transfer order and docket sheet received. |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (MAM) |
Filing 26
ORDER GRANTING IN THE ALTERNATIVE DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR TO TRANSFER ACTION #13 by Judge Fernando L. Aenlle-Rocha: The court GRANTS the Motion in the alternative and TRANSFERS the action to the District of Nevada for all further proceedings. Having granted the Motion on this basis, the court need not address the parties' arguments regarding personal jurisdiction. (MD JS-6. Case Terminated.) Entire case electronically sent to USDC Nevada on 5/6/2024. (lc) [Transferred from California Central on 5/8/2024.]
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| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Brandon Kyle Brouillette counsel for Plaintiff Bruce Ballinger. Adding Brandon Brouillette as counsel of record for Bruce Ballinger for the reason indicated in the G-123 Notice. Filed by Plaintiff Bruce Ballinger. (Attorney Brandon Kyle Brouillette added to party Bruce Ballinger(pty:pla))(Brouillette, Brandon) [Transferred from California Central on 5/8/2024.] |
| Filing 24 Notice of Supplemental Authority filed by Defendant US Express Carriers, LLC. (Attachments: #1 Exhibit A-Grootonk v. Labrie Environmental Group, LLC, #2 Exhibit B-Esters v. Vanguard Clinical, Inc.)(Eckhart, James) [Transferred from California Central on 5/8/2024.] |
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Filing 23
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The court hereby DISCHARGES its Order to Show Cause regarding subject matter jurisdiction (Dkt. #20 ).THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2024.]
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| Filing 22 RESPONSE filed by Plaintiff Bruce Ballingerto Order to Show Cause, #20 (Saunders, Chad) [Transferred from California Central on 5/8/2024.] |
| Filing 21 RESPONSE filed by Defendant US Express Carriers, LLCto Order to Show Cause, #20 (Attachments: #1 Exhibit A-Plaintiff's Complaint Compared to the Amended Complaint, #2 Exhibit B-Declaration of Maxim Cazacu)(Eckhart, James) [Transferred from California Central on 5/8/2024.] |
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Filing 20
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Fernando L. Aenlle-Rocha. The parties are ORDERED TO SHOW CAUSE, in writing only, within fourteen (14) days from the date of this Order. The parties are encouraged to submit evidence and/or judicially noticeable facts in response to the courts Order. Responses shall be limited to ten (10) pages in length (SEE DOCUMENT FOR OTHER SPECIFICS). (lc) [Transferred from California Central on 5/8/2024.]
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Filing 19
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, ANDCONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Jury Trial; Final Pretrial Conference and Motion in Limine Hearings: TO BE SET. (SEE DOCUMENT FOR ALL DEADLINES TO BE SET AND SET). (lc) [Transferred from California Central on 5/8/2024.]
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Filing 18
TEXT ONLY ENTRY (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha: The court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on September 8, 2023 is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2024.]
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Filing 17
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR IN THE ALTERNATIVE, TRANSFER PURSUANT TO 28 U.S.C. 1404(a) (ECF No. #13 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on September 8, 2023, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2024.]
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| Filing 16 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss For Lack of Personal Jurisdiction or in the Alternative, Transfer Pursuant to 28 U.S.C. 1404(a) #13 filed by Defendant US Express Carriers, LLC. (Eckhart, James) [Transferred from California Central on 5/8/2024.] |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 or More Weeks, filed by Defendant US Express Carriers, LLC.. (Attachments: #1 Schedule of Pretrial and Trial Dates Worksheet)(Eckhart, James) [Transferred from California Central on 5/8/2024.] |
| Filing 14 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss For Lack of Personal Jurisdiction or in the Alternative, Transfer Pursuant to 28 U.S.C. 1404(a) #13 filed by Plaintiff Bruce Ballinger. (Saunders, Chad) [Transferred from California Central on 5/8/2024.] |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss For Lack of Personal Jurisdiction or in the Alternative, Transfer Pursuant to 28 U.S.C. 1404(a) filed by Defendant US Express Carriers, LLC. Motion set for hearing on 9/8/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum In Support of Motion to Dismiss for Lack of Personal Jurisdiction or in the Alternative Transfer, #2 Declaration of Maxim Cazacu in Support of Motion to Dismiss for Lack of Personal Jurisdiction or in the Alternative Transfer, #3 Proposed Order) (Eckhart, James) [Transferred from California Central on 5/8/2024.] |
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Filing 12
(IN CHAMBERS) ORDER DEEMING MOTION OF DEFENDANT US EXPRESS CARRIERS, LLC TO DISMISS FOR LACK OF JURISDICTION OR IN THE ALTERNATIVE, TRANSFER TO PURSUANT TO 28 U.S.C. SECTION 1404(a) AS MOOT (DKT. #7 )] by Judge Fernando L. Aenlle-Rocha: In light of the Amended Complaint (Dkt. #11 ), the Motion is denied as MOOT. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2024.]
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| Filing 11 FIRST AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery), filed by Plaintiff Bruce Ballinger(Saunders, Chad) [Transferred from California Central on 5/8/2024.] |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Chad A. Saunders counsel for Plaintiff Bruce Ballinger. Adding Chad Saunders as counsel of record for Bruce Ballinger for the reason indicated in the G-123 Notice. Filed by Plaintiff Bruce Ballinger. (Attorney Chad A. Saunders added to party Bruce Ballinger(pty:pla))(Saunders, Chad) [Transferred from California Central on 5/8/2024.] |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 9/8/2023 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf) [Transferred from California Central on 5/8/2024.]
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf) [Transferred from California Central on 5/8/2024.]
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| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or In the Alternative, Transfer Pursuant to 28 U.S.C. 1404(a) filed by Defendant US Express Carriers, LLC. Motion set for hearing on 8/25/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum In Support of Motion to Dismiss or in the Alternative, to Transfer Pursuant to 28 USC 1404(a), #2 Declaration of Maxim Cazacu, #3 Proposed Order) (Eckhart, James) [Transferred from California Central on 5/8/2024.] |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) [Transferred from California Central on 5/8/2024.] |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 5/8/2024.] |
| Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Michael R. Wilner for discovery. Pursuant to General Order 23-05, this case has been randomly reassigned to District Judge Fernando L. Aenlle-Rocha. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-01241 FLA (MRWx). (jtil) [Transferred from California Central on 5/8/2024.] |
| CONFORMED COPY OF COMPLAINT filed by plaintiff Bruce Ballinger in Riverside Superior Court on 5/4/2023, attached as Exhibit A. (jtil) [Transferred from California Central on 5/8/2024.] |
| Filing 3 Certification and Notice of Interested Parties filed by Defendant US Express Carriers, LLC, identifying Maxim Cazacu and Alexandru Domnisor. (Eckhart, James) [Transferred from California Central on 5/8/2024.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant US Express Carriers, LLC. (Eckhart, James) [Transferred from California Central on 5/8/2024.] |
| Filing 1 NOTICE OF REMOVAL from California Superior Court County of Riverside, case number CVRI2302357 Receipt No: ACACDC-35563358 - Fee: $402, filed by Defendant US Express Carriers, LLC. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Notice of Removal (State Court)) (Attorney James Anthony Eckhart added to party US Express Carriers, LLC(pty:dft))(Eckhart, James) [Transferred from California Central on 5/8/2024.] |
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