Lamark LLC v. Republic Services, Inc. et al
| Lamark, LLC |
| Republic Services, Inc. and Allied Waste Systems, Inc. |
| 6:2022cv00172 |
| June 7, 2022 |
| US District Court for the Eastern District of Oklahoma |
| John F Heil |
| Jason A Robertson |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| Both |
Docket Report
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This docket was last retrieved on July 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 24 ATTORNEY APPEARANCE by Dylan C. Black on behalf of Allied Waste Systems, Inc., Republic Services, Inc. (Black, Dylan) |
| Filing 23 ATTORNEY APPEARANCE by J. Thomas Richie on behalf of Allied Waste Systems, Inc., Republic Services, Inc. (Richie, J.) |
Filing 22
STIPULATED PROTECTIVE ORDER by Magistrate Judge Kimberly E. West granting #19 Motion for Protective Order. (rak, Deputy Clerk)
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Filing 21
MINUTE ORDER by District Judge John F. Heil, III: #17 MOTION for Attorney Dylan C. Black to be Admitted Pro Hac Vice for Allied Waste Systems, Inc. and #18 MOTION for Attorney J. Thomas Richie to be Admitted Pro Hac Vice for Allied Waste Systems, Inc., are granted, provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicants within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (tlp, Chambers)
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Filing 20
MINUTE ORDER by District Judge John F. Heil, III, referring #19 Unopposed MOTION for Protective Order to Kimberly E. West. (tlp, Chambers)
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| Filing 19 Unopposed MOTION for Protective Order by Allied Waste Systems, Inc., Republic Services, Inc. (With attachments) Responses due by 7/28/2022(Johnson, Andrew) |
| Filing 18 MOTION for Attorney J. Thomas Richie to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number AOKEDC-1680356) by Allied Waste Systems, Inc., Republic Services, Inc. Responses due by 7/27/2022(Johnson, Andrew) |
| Filing 17 MOTION for Attorney Dylan C. Black to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number AOKEDC-1680354) by Allied Waste Systems, Inc., Republic Services, Inc. Responses due by 7/27/2022(Johnson, Andrew) |
| Filing 16 ATTORNEY APPEARANCE by Nicholas Armstrong on behalf of Lamark, LLC (Armstrong, Nicholas) |
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Filing 15
MINUTE ORDER by District Judge John F. Heil, III: Pursuant to Fed. R. Civ. P. 16(b)(2), the Court finds good cause for delay in entering a scheduling order in this case because: (1) there is a jurisdictional dispute regarding which the parties have agreed to conduct limited discovery; and (2) there is a pending dispositive motion which should first be resolved. Additionally, the Court has a significant number of criminal cases awaiting trial due to the COVID-19 pandemic and the decision of the Supreme Court in McGirt v. United States, 140 S. Ct. 2452, 207 L. Ed. 2d 985 (2020). Criminal cases must be tried before civil cases, and civil cases will most likely not be tried before a district judge in the foreseeable future. The Court will address pending motions in civil cases as its schedule permits, however, the Courts ability to do so will be subject to the demands of its criminal docket. Pursuant to Fed. R. Civ. P. 73, the parties in a civil case may consent to a proceeding before a magistrate judge, including for dispositive motions and/or a jury or nonjury trial. The consent forms are available on the U.S. District Court website. The parties are advised that they are free to withhold consent to proceed before a magistrate judge without any adverse consequences; the parties are reminded of this option only as a possible means of expediting the final resolution of their civil case. (tlp, Chambers)
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Filing 14
MINUTE ORDER by District Judge John F. Heil, III, granting #12 Motion to Stay the Deadline for Plaintiff to Respond to #6 Motion to Dismiss. (tlp, Chambers)
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Filing 13
MINUTE ORDER by District Judge John F. Heil, III, granting #8 Motion for Admission Pro Hac Vice of attorney Nicholas Armstrong for Lamark, LLC, provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. Admission is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (tlp, Chambers)
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| Filing 12 Unopposed MOTION for Extension of Time to Respond to Motion (Re: #6 MOTION to Dismiss ) by Lamark, LLC Responses due by 7/7/2022(Branam, James) |
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Filing 11
MINUTE ORDER by District Judge John F. Heil, III granting #10 Motion to Withdraw Document and withdrawing #9 Unopposed MOTION for Extension of Time to Respond to Motion. (adw, Deputy Clerk)
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| Filing 10 MOTION to Withdraw Document(s) (Re: #9 Unopposed MOTION for Extension of Time to Respond to Motion ) by Lamark, LLC Responses due by 7/7/2022(Branam, James) |
| Filing 9 **WITHDRAWN per Doc. 11 - Minute Order** Unopposed MOTION for Extension of Time to Respond to Motion (Re: #6 MOTION to Dismiss ) by Lamark, LLC Responses due by 7/6/2022(Branam, James) Modified to withdraw motion on 6/23/2022 (adw, Deputy Clerk). |
| Filing 8 MOTION for Attorney Nicholas W. Armstrong to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number AOKEDC-1672788) by Lamark, LLC (With attachments) Responses due by 7/5/2022(Branam, James) |
| Filing 7 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 John F. Heil, III. Magistrate Judge Jason A. Robertson no longer assigned to case. All documents filed in this case in the future shall reflect the new case number CIV-22-172-JFH. (pmb, Deputy Clerk) |
| Filing 6 MOTION to Dismiss by Allied Waste Systems, Inc., Republic Services, Inc. (With attachments) Responses due by 6/24/2022(Johnson, Andrew) |
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Filing 5
MINUTE ORDER by Magistrate Judge Jason A. Robertson: A review of the document filed as a #4 Motion to Dismiss by Defendant Johnson consists of only an exhibit. Consequently, the document is hereby STRICKEN. Defendant Johnson may file an Amended Motion to Dismiss with the correct documents by June 14, 2022 and the filing will be considered timely. (pmb, Deputy Clerk)
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| Filing 4 ***STRICKEN*** (Per 5 Minute Order) - MOTION to Dismiss by Allied Waste Systems, Inc., Republic Services, Inc. Responses due by 6/23/2022(Johnson, Andrew) Modified on 6/10/2022 (pmb, Deputy Clerk). |
| Filing 3 MINUTE ORDER by Court Clerk, Defendant is directed to pay the $402 filing fee within 7 days. Failure to comply with this directive will subject this action to immediate dismissal by the Court without prejudice to refiling. Consent forms provided to filing party. (Filing Fee due by 6/15/2022) (jls, Deputy Clerk) |
| FILING FEES Paid in Full on 6/8/2022 in the amount of $402, receipt number AOKEDC-1667948 (Re: #2 Notice of Removal,, ) by Republic Services, Inc. (Johnson, Andrew) |
| Filing 2 NOTICE of Removal from Pushmataha County District Court, case number CJ-2022-8 by Allied Waste Systems, Inc., Republic Services, Inc. (With attachments)(jls, Deputy Clerk) (Additional attachments added on 6/8/2022: #6 Exhibit B-Declaration of Dan Browne in Support of Removal, #7 Exhibit C-South Carolina Class Action Complaint, #8 Exhibit D-Class Action Complaint-Pulaski County-Arkansas, #9 Exhibit E-Customer Service Agreement, #10 Exhibit F-Class Action Settlement-Alabama, #11 Exhibit G-Veolia Fee Class Action) (jls, Deputy Clerk). |
| Filing 1 CIVIL COVER SHEET by Allied Waste Systems, Inc., Republic Services, Inc. (jls, Deputy Clerk) |
| CLASS ACTION COMPLAINT with Jury Demand filed in State Court against Allied Waste Systems, Inc., Republic Services, Inc. by Lamark, LLC. (jls, Deputy Clerk) |
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