Hyde v. Midwest Motor Supply, Inc. et al
| Nick Hyde |
| Does 1 through 10 and Midwest Motor Supply, Inc. a foreign corporation with its principal place of business in the State of Ohio doing business as Kimball Midwest |
| 2:2020cv03635 |
| July 17, 2020 |
| US District Court for the Southern District of Ohio |
| Algenon L Marbley |
| Chelsey M Vascura |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 21
ORDER granting #20 Motion to Vacate. The Preliminary Pretrial Conference currently set for August 27, 2020 is VACATED. If appropriate, WITHIN FOURTEEN DAYS of the Court's resolution of the pending Motion to Consolidate and Remand (ECF No. #13 ), the parties are ORDERED to confer and submit a Rule 26(f) Report, which will prompt the Court to notice a scheduling conference. Signed by Magistrate Judge Chelsey M. Vascura on 8/25/2020. (daf)
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| Filing 20 Joint MOTION to Vacate #12 Notice of Hearing by Defendant Midwest Motor Supply, Inc.. (Attachments: #1 Text of Proposed Order) (LaPlante, Jamie) |
| Filing 18 REPLY to Response to Motion re #13 MOTION to Consolidate Cases 2:20-cv-01785 and 2:20-cv-03635 filed by Defendant Midwest Motor Supply, Inc.. (LaPlante, Jamie) |
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Filing 17
REPORT AND RECOMMENDATIONS re #11 Order to Show Cause: It is RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE against the Doe defendants pursuant to Rule 4(m) for failure to timely effect service of process. Objections to R&R due by 8/20/2020. Signed by Magistrate Judge Chelsey M. Vascura on 8/6/2020. (kk2)
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| Filing 16 NOTICE of Substitution of Counsel - Jamie A LaPlante substituting for Susan Hatmaker, Robert Branch, and Rachelle Golden as to Defendant Midwest Motor Supply, Inc.. (LaPlante, Jamie) |
| Filing 15 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Rachelle Marie Golden, Esq. and Robert W. Branch, Esq. (jlk) |
| Filing 14 ANSWER to Complaint filed by Midwest Motor Supply, Inc.. (LaPlante, Jamie) |
| Filing 13 MOTION to Consolidate Cases 2:20-cv-01785 and 2:20-cv-03635 by Defendant Midwest Motor Supply, Inc.. (Attachments: #1 Exhibit A - Motion to Remand and affidavit, #2 Exhibit B - Notice of Removal and exhibits, #3 Exhibit C - MJ Report and Recommendation on Remand, #4 Text of Proposed Order) (LaPlante, Jamie) |
| Filing 12 VACATED per order ECF No #21 *** NOTICE of Hearing: Initial Conference set for 8/27/2020 03:30 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) Modified text on 8/25/2020 (daf). |
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Filing 11
ORDER: Because Plaintiff has failed to timely effect service over Does 1 through 10, he is ORDERED to SHOW CAUSE WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER, why the Court should not dismiss this action as against Does 1 through 10 without prejudice for failure to effect service and why the Court should allow an extension of time to effect service.Signed by Magistrate Judge Chelsey M. Vascura on 7/20/2020. (daf)
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| Filing 10 Case transferred in from District of California Southern; Case Number 3:20-cv-00478. Original file electronic copy of transfer order and docket sheet received. |
| Chief Judge Algenon L. Marbley and Magistrate Judge Chelsey M. Vascura added. (er) |
| Filing 9 Case transferred to Southern District of Ohio, Eastern Division. Files transferred electronically to: *District of Southern District of Ohio, Eastern Division*.*85 Marconi Boulevard**Columbus, Ohio 43215*. Signed by Judge Cynthia Bashant on 7/15/20. (Attachments: #1 Transfer Order) (jmo) [Transferred from California Southern on 7/17/2020.] |
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Filing 8
ORDER OF TRANSFER. Magistrate Judge Karen S. Crawford is no longer assigned. Case reassigned to Magistrate Judge Daniel E. Butcher for all further proceedings. All conferences or hearing dates previously set before Judge Crawford will remain as scheduled and will be held before Judge Butcher. All dates set before any district judge remain unchanged. The new case number is 20cv0478-BAS-DEB. Signed by Magistrate Judge Karen S. Crawford on 6/17/2020.(mme) [Transferred from California Southern on 7/17/2020.]
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| Filing 7 REPLY to Response to Motion re #4 MOTION to Dismiss filed by Midwest Motor Supply, Inc.. (Attachments: #1 Declaration, #2 Request for Judicial Notice)(Branch, Robert) (jmo). [Transferred from California Southern on 7/17/2020.] |
| Filing 6 RESPONSE in Opposition re #4 MOTION to Dismiss and Transfer filed by Nick Hyde. (Attachments: #1 Declaration, #2 Request for Judicial Notice)(Dawson, Jason) Modified on 5/13/2020 to add attorney Kelly. **QC Mailer sent re party not associated to case who filed document on behalf of attorney Kelly** (jmo). [Transferred from California Southern on 7/17/2020.] |
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Filing 5
ORDER Requiring Response to Motion to Dismiss or Transfer the Case. Plaintiff is ordered to file an opposition or statement of non-opposition by 5/12/2020. Signed by Judge Cynthia Bashant on 5/5/20.(jmo) [Transferred from California Southern on 7/17/2020.]
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| Filing 4 MOTION to Dismiss by Midwest Motor Supply, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration C. Luthy, #4 Declaration J. LaPlante)(Branch, Robert)Attorney Robert W. Branch added to party Midwest Motor Supply, Inc. (pty:dft) (jmo). [Transferred from California Southern on 7/17/2020.] |
| Filing 3 STATE COURT RECORD. (Golden, Rachelle) (jmo). [Transferred from California Southern on 7/17/2020.] |
| Filing 2 Corporate Disclosure Statement by Midwest Motor Supply, Inc. No Corporate Parents / Interested Parties. (jxv)(jrd) [Transferred from California Southern on 7/17/2020.] |
| Filing 1 NOTICE OF REMOVAL From San Diego Court Superior - County of San Diego, case number 37-02020-00007352-CU-BT-CTL. (Filing fee $ 400 receipt number ACASDC-13617675.), filed by Midwest Motor Supply, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Notice, #3 Exhibit 1-11, #4 Exhibit Exhibit 12-17)The new case number is 3:20-cv-478-BAS-KSC. Judge Cynthia Bashant and Magistrate Judge Karen S. Crawford are assigned to the case.(jxv)(jrd) [Transferred from California Southern on 7/17/2020.] |
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