Birnie v. Ganzer et al
Plaintiff: Sean Douglas Birnie
Defendant: The Travelers Insurance Company, Ryder Truck Rental, Inc., Service Steel Warehouse Co., LP and Richard S. Ganzer
Intervenor Plaintiff: State of Oklahoma ex rel. OMES Risk Management
Case Number: 6:2021cv00082
Filed: March 15, 2021
Court: US District Court for the Eastern District of Oklahoma
Presiding Judge: Steven P Shreder
Referring Judge: Patrick R Wyrick
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2021 Filing 30 Cross NOTICE of Deposition by Sean Douglas Birnie (Lair, Montgomery)
May 6, 2021 Filing 29 REPLY to Response to Motion (Re: #18 MOTION to Dismiss Case for Failure to State a Claim or MOTION for Judgment on the Pleadings ) by The Travelers Insurance Company ; (With attachments)(Downs, Myriah)
May 6, 2021 Filing 28 INTERVENOR COMPLAINT with Jury Demand against All Defendants by State of Oklahoma ex rel. OMES Risk Management (Crews, James)
May 3, 2021 Opinion or Order Filing 27 MINUTE ORDER by Judge Patrick R. Wyrick granting #22 Motion to Intervene (kch, Deputy Clerk)
April 30, 2021 Opinion or Order Filing 26 ORDER by Judge Patrick R. Wyrick granting #24 the Parties' Joint Motion and Stipulation for Relief; consolidating cases (pretrial discovery); setting/resetting scheduling order date(s): (Dispositive Motions due by 7/1/2021, Parties to exchange premarked Exhibits by 7/1/2021, Discovery due by 8/1/2021, Parties to exchange requested Jury Instructions by 8/19/2021, Designations of deposition testimony to be used at trial due by 8/26/2021, Final Pretrial Report to be filed no later than 8/26/2021, Agreed Jury Instructions to be filed by 8/26/2021, Motions in Limine (including Daubert Motions) to be filed by 8/26/2021, Jury Trial set for 9/14/2021 09:00 AM in Courtroom 1, Room 230, US Courthouse, 5th & Okmulgee, Muskogee, OK before Judge Patrick R. Wyrick. (Spaulding, Kathy)
April 22, 2021 Filing 25 RESPONSE in Opposition to Motion (Re: #18 MOTION to Dismiss Case for Failure to State a Claim or MOTION for Judgment on the Pleadings ) by Sean Douglas Birnie ; (With attachments)(Mwafulirwa, Mbilike)
April 20, 2021 Filing 24 Joint MOTION to Consolidate Cases and Stipulation for Relief by All Defendants [NOTE: Attorney Derrick T. DeWitt added to party Ryder Truck Rental, Inc.(pty:dft), Attorney Derrick T. DeWitt added to party The Travelers Insurance Company(pty:dft)]. Responses due by 5/4/2021(DeWitt, Derrick)
April 14, 2021 Filing 23 ATTORNEY APPEARANCE by James N. Crews on behalf of State of Oklahoma ex rel. OMES Risk Management (Crews, James)
April 14, 2021 Filing 22 MOTION to Intervene by State of Oklahoma ex rel. OMES Risk Management (With attachments) [NOTE: Attorney James N. Crews added to party State of Oklahoma ex rel. OMES Risk Management (pty:movant)]. Responses due by 4/28/2021(Crews, James)
April 13, 2021 Filing 21 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent The Travelers Companies, Inc., Corporate Parent Travelers Insurance Group Holdings, Inc., Corporate Parent Travelers Property Casualty Corp. for The Travelers Insurance Company) by The Travelers Insurance Company (Downs, Myriah)
April 13, 2021 Filing 20 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Ryder System Inc for Ryder Truck Rental, Inc.) by Ryder Truck Rental, Inc. (Downs, Myriah)
April 12, 2021 Filing 19 ANSWER with Jury Demand to Complaint (Re: Complaint) by Richard S. Ganzer, Ryder Truck Rental, Inc., Service Steel Warehouse Co., LP (Downs, Myriah)
April 9, 2021 Filing 18 MOTION to Dismiss Case for Failure to State a Claim or MOTION for Judgment on the Pleadings by The Travelers Insurance Company (With attachments) Responses due by 4/23/2021(Downs, Myriah). Added MOTION for Judgment on the Pleadings on 4/13/2021 (dma, Deputy Clerk).
April 8, 2021 Filing 17 MOTION to Consolidate Cases by All Defendants Responses due by 4/22/2021(Downs, Myriah)
April 7, 2021 Filing 16 NOTICE of Companion Case by Sean Douglas Birnie (Mwafulirwa, Mbilike)
April 7, 2021 Filing 15 MINUTE ORDER by Court Clerk: Pursuant to receipt of an election of the District Judge Option and in accordance with LCvR 40.1(c), this case is reassigned to District Judge Patrick R. Wyrick, of the Western District of Oklahoma, serving in this case by designation pursuant to 28 U.S.C. Section 292(b). Magistrate Judge Steven P. Shreder no longer assigned to case. All documents filed in this case in the future shall reflect the new case number CIV-21-82-PRW. The Scheduling Conference set 4/16/2021 at 10:30 a.m., and all related deadlines, are hereby STRICKEN. (pmb, Deputy Clerk)
April 2, 2021 Filing 14 SUMMONS Issued by Court Clerk as to Richard S. Ganzer. (kdc, Deputy Clerk)
March 29, 2021 Opinion or Order Filing 13 ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Steven P. Shreder setting Scheduling Conference for 4/16/2021 at 10:30 AM in Chambers, Room 425, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Steven P. Shreder. Parties directed to file Joint Status Report by 4/12/2021. (Attachments: #1 Consent or Reassignment Form)(pmb, Deputy Clerk)
March 25, 2021 Opinion or Order Filing 12 MINUTE ORDER by Magistrate Judge Steven P. Shreder granting #11 Motion to Withdraw, and striking Plaintiff's #8 Motion to Remand and #10 Motion to Strike Document as withdrawn. (pmb, Deputy Clerk)
March 25, 2021 Filing 11 MOTION to Withdraw Document(s) (Re: #10 MOTION to Strike Document(s) , #8 MOTION to Remand ) by Sean Douglas Birnie Responses due by 4/8/2021(Mwafulirwa, Mbilike)
March 24, 2021 Filing 10 MOTION to Strike Document(s) (Re: #9 Notice (Other) ) by Sean Douglas Birnie (With attachments) Responses due by 4/7/2021(Mwafulirwa, Mbilike)
March 19, 2021 Filing 9 NOTICE of Consent to Removal by Ryder Truck Rental, Inc., The Travelers Insurance Company (Downs, Myriah)
March 18, 2021 Filing 8 MOTION to Remand by Sean Douglas Birnie (With attachments) Responses due by 4/1/2021(Bielby, Shea)
March 18, 2021 Filing 7 ATTORNEY APPEARANCE by Shea Bielby on behalf of Sean Douglas Birnie (Bielby, Shea)
March 15, 2021 Filing 6 CASE TRANSFERRED IN from the Oklahoma Western
March 15, 2021 Opinion or Order Filing 5 ORDER granting #4 Motion to Transfer Case. This case is transferred to the United States District Court for the Eastern District of Oklahoma. Signed by Honorable Joe Heaton on 03/15/2021. (knt) [Transferred from okwd on 3/15/2021.]
March 12, 2021 Filing 4 JOINT MOTION to Transfer Case to the United States District Court for the Eastern District of Oklahoma by All Defendants. (Downs, Myriah) [Transferred from okwd on 3/15/2021.]
March 12, 2021 Opinion or Order Filing 3 ORDER plaintiff's motion for extension of time is granted...plaintiff is granted an extension of time until 05/01/2021 to effect servcie on Richard S. Ganzer. Signed by Honorable Joe Heaton on 03/12/2021. (lam) [Transferred from okwd on 3/15/2021.]
March 12, 2021 Filing 2 ENTER ORDER counsel for the parties are directed to file their entries of appearance conforming to LCvR83.4 not later than 03/15/2021. Signed by Honorable Joe Heaton on 03/12/2021. (lam) [Transferred from okwd on 3/15/2021.]
March 11, 2021 Filing 1 NOTICE OF REMOVAL from Okmulgee County District Court, case number CJ-2020-65 filed by Service Steel Warehouse CO LP. (Attachments: #1 Exhibit 1 - Petition, #2 Exhibit 2 - Return, #3 Exhibit 3 - Service Steel SoS Info - Parent Company, #4 Exhibit 4 - Ryder 2019 Annual Report, #5 Exhibit 5 - Travelers NAIC Registration, #6 Exhibit 6 - OSCN Case Details, #7 Exhibit 7 - Summons - Ryder, #8 Exhibit 8 - Summons - Travelers, #9 Exhibit 9 - Summons - Ganzer, #10 Exhibit 10 - Summons - Service Steel, #11 Exhibit 11 - Unopposed Motion, #12 Exhibit 12 - Order, #13 Exhibit 13 - Motion to Serve, #14 Civil Cover Sheet)(knt) [Transferred from okwd on 3/15/2021.]
March 11, 2021 PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-3640687. (DeWitt, Derrick) [Transferred from okwd on 3/15/2021.]

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Defendant: The Travelers Insurance Company
Represented By: Myriah S. Downs
Represented By: Derrick T. DeWitt
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Defendant: Ryder Truck Rental, Inc.
Represented By: Myriah S. Downs
Represented By: Derrick T. DeWitt
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Defendant: Service Steel Warehouse Co., LP
Represented By: Myriah S. Downs
Represented By: Derrick T. DeWitt
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Defendant: Richard S. Ganzer
Represented By: Myriah S. Downs
Represented By: Derrick T. DeWitt
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Plaintiff: Sean Douglas Birnie
Represented By: Montgomery L. Lair
Represented By: Clark O. Brewster
Represented By: Mbilike Mwafulirwa
Represented By: Shea Bielby
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Intervenor plaintiff: State of Oklahoma ex rel. OMES Risk Management
Represented By: James N. Crews
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