Beissel et al v. Western Flyer Express, LLC
Petitioner: Andrew Beissel and J&B Enterprises, Inc.
Respondent: Western Flyer Express, LLC
Case Number: 5:2021cv00903
Filed: September 14, 2021
Court: US District Court for the Western District of Oklahoma
Office: Oklahoma City Office
Presiding Judge: David L Russell
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2021 Opinion or Order Filing 49 ENTRY of Appearance by Travis HA Smith on behalf of All Plaintiffs (Smith, Travis)
November 8, 2021 Opinion or Order Filing 48 ENTRY of Appearance by David C Leimbach on behalf of All Plaintiffs (Leimbach, David)
November 8, 2021 Opinion or Order Filing 47 ENTRY of Appearance by Carolyn H Cottrell on behalf of All Plaintiffs (Cottrell, Carolyn)
November 3, 2021 Opinion or Order Filing 46 ORDER granting #43 Motion to Appear Pro Hac Vice of Travis H.A. Smith; granting #44 Motion to Appear Pro Hac Vice of David C. Leimbach; granting #45 Motion to Appear Pro Hac Vice of Carolyn H. Conttrell. Signed by Judge David L. Russell on 11/3/21. (jw)
November 2, 2021 Opinion or Order Filing 45 MOTION for Leave to Appear Pro Hac Vice of Carolyn H. Cottrell Filing fee $ 50, receipt number AOKWDC-3792109 by All Plaintiffs. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Mor, Rachel)
November 2, 2021 Opinion or Order Filing 44 MOTION for Leave to Appear Pro Hac Vice of David C. Leimbach Filing fee $ 50, receipt number AOKWDC-3792101 by All Plaintiffs. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Mor, Rachel)
November 2, 2021 Opinion or Order Filing 43 MOTION for Leave to Appear Pro Hac Vice of Travis H. A. Smith Filing fee $ 50, receipt number AOKWDC-3792077 by All Plaintiffs. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Mor, Rachel)
November 2, 2021 Opinion or Order Filing 42 ENTRY of Appearance by Robert S Boulter on behalf of All Plaintiffs (Boulter, Robert)
October 29, 2021 Opinion or Order Filing 41 MOTION to Dismiss and Opening Brief in Support by Western Flyer Express, LLC. (Smith, Michael)
October 20, 2021 Opinion or Order Filing 40 Receipt for Money Received from Andrew Beissel in the amount of $50, receipt number OKW500087700 regarding #38 MOTION for Leave to Appear Pro Hac Vice of Robert S. Boulter (dtb)
October 19, 2021 Opinion or Order Filing 39 ORDER granting #38 Motion to Appear Pro Hac Vice of Robert S. Boulter. Signed by Judge David L. Russell on 10/19/21. (jw)
October 18, 2021 Opinion or Order Filing 38 MOTION for Leave to Appear Pro Hac Vice of Robert S. Boulter by All Plaintiffs. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Mor, Rachel)
October 15, 2021 Opinion or Order Filing 37 AMENDED COMPLAINT against J&B Enterprises, Inc., Western Flyer Express, LLC filed by All Plaintiffs. (Attachments: #1 Exhibit A - Online Advertisement, #2 Exhibit B - Instagram Advertisements, #3 Exhibit C - Twitter Advertisements, #4 Exhibit D - Western Flyer Website, #5 Exhibit E - Right Turn Flyer, #6 Exhibit F - Settlement Statements, #7 Exhibit G - Western Flyer Proforma)(Mor, Rachel)
October 1, 2021 Opinion or Order Filing 36 ORDER re Motion to Dismiss #24 filed by Western Flyer Express, LLC. The Court GRANTS Defendants Motion to Dismiss and grants Plaintiffs leave to amend their Complaint, as more fully set out. Signed by Judge David L. Russell on 10/1/21. (jw)
September 21, 2021 Opinion or Order Filing 35 NOTICE OF PENDING MOTIONS by Western Flyer Express, LLC (Smith, Michael)
September 15, 2021 Opinion or Order Filing 34 ENTER ORDER. Case reassigned to Honorable David L. Russell for all further proceedings. HEREAFTER, PLEASE REFER TO CASE AS: CIV-21-00903-R. Please note that for future filings in this case, the letter at the end of the number should now be a "R" rather than a(n) "JD". This is important to ensure the prompt distribution of pleadings to the proper judge. Entered at the direction of the Honorable Jodi W. Dishman on 09/15/2021. (nv)
September 15, 2021 Opinion or Order Filing 33 ORDER OF RECUSAL. The Clerk of the Court is directed to place this case number in the random draw for reassignment to another Judge of the Court. Signed by Honorable Jodi W. Dishman on 09/15/2021. (nv)
September 15, 2021 Opinion or Order Filing 32 Case transferred in from District of Oklahoma Northern; Case Number 4:20-cv-00638.
September 14, 2021 Opinion or Order Filing 31 OPINION AND ORDER by Judge Terence Kern - Case transferred to Western District of Oklahoma ; transferring case (terminates case) ; directing court clerk to take action; denying #24 Motion to Dismiss for Failure to State a Claim; granting 25 Motion to Transfer Case to Other District (Documents Terminated: 25 MOTION to Transfer Case to Other District alternatively (submitted as part of #24 ), #24 MOTION to Dismiss for Failure to State a Claim ) (lmc, Chambers) [Transferred from Oklahoma Northern on 9/15/2021.]
September 14, 2021 Opinion or Order Filing 30 MINUTE ORDER by Court Clerk directly, reassigning case to Judge Terence Kern, Judge John E Dowdell no longer assigned to case, changing case number to 20-cv-00638-TCK-SH (This entry is the Official Order of the Court. No document is attached.) (alg, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
September 14, 2021 Opinion or Order ***Civil Case Terminated (see document number #31 ) (sc, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
July 12, 2021 Opinion or Order Filing 29 MINUTE ORDER by Judge John E Dowdell Pursuant to Fed.R.Civ.P. 16(b)(2), the Court finds good cause for delay in issuing a Scheduling Order in this case. The pending dismissal motion (Doc. 24) should first be resolved. (Re: #24 MOTION to Dismiss for Failure to State a Claim ) (This entry is the Official Order of the Court. No document is attached.) (SAS, Chambers) [Transferred from Oklahoma Northern on 9/15/2021.]
April 20, 2021 Opinion or Order Filing 28 MINUTE ORDER by Court Clerk reassigning the magistrate judge in this case pursuant to General Order 21-15, reassigning case to Magistrate Judge Susan E Huntsman, Magistrate Judge Jodi F Jayne no longer assigned to case, changing case number to 20-cv-638-JED-SH (This entry is the Official Order of the Court. No document is attached.) (srt, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
March 15, 2021 Opinion or Order Filing 27 REPLY to Response to Motion (Re: 25 MOTION to Transfer Case to Other District alternatively (submitted as part of #24 ), #24 MOTION to Dismiss for Failure to State a Claim ) by Western Flyer Express, LLC ; (Smith, Michael) [Transferred from Oklahoma Northern on 9/15/2021.]
March 1, 2021 Opinion or Order Filing 26 RESPONSE in Opposition to Motion (Re: #24 MOTION to Dismiss for Failure to State a Claim ) by Andrew Beissel ; (Leimbach, David) [Transferred from Oklahoma Northern on 9/15/2021.]
February 9, 2021 Opinion or Order NOTICE of Docket Entry Modification; Error: this is a two-part motion of which one part was efiled; Correction: efiled Motion to Transfer to Other District- see 25 (Re: #24 MOTION to Dismiss for Failure to State a Claim ) (sac, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
February 8, 2021 Opinion or Order Filing 25 MOTION to Transfer Case to Other District alternatively (submitted as part of #24 ) by Western Flyer Express, LLC (sac, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
February 8, 2021 Opinion or Order Filing 24 MOTION to Dismiss for Failure to State a Claim by Western Flyer Express, LLC (With attachments) (Smith, Michael) Modified on 2/9/2021; this is a two-part motion of which one part was filed - see 25 for alternatively pled Motion to Transfer Case to Other District (sac, Dpty Clk). [Transferred from Oklahoma Northern on 9/15/2021.]
January 26, 2021 Opinion or Order Filing 23 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Diamond T Holding, LLC for Western Flyer Express, LLC) by Western Flyer Express, LLC (Smith, Michael) [Transferred from Oklahoma Northern on 9/15/2021.]
January 25, 2021 Opinion or Order Filing 22 ATTORNEY APPEARANCE by David Christopher Leimbach on behalf of Andrew Beissel [Note: Attorney David Christopher Leimbach added to party Andrew Beissel(pty:pla).] (Leimbach, David) [Transferred from Oklahoma Northern on 9/15/2021.]
January 25, 2021 Opinion or Order Filing 21 ATTORNEY APPEARANCE by Carolyn H Cottrell on behalf of Andrew Beissel [Note: Attorney Carolyn H Cottrell added to party Andrew Beissel(pty:pla).] (Cottrell, Carolyn) [Transferred from Oklahoma Northern on 9/15/2021.]
January 22, 2021 Opinion or Order Filing 20 MINUTE ORDER by Chief Judge John E Dowdell The Motions for Leave to Appear Pro Hac Vice of Carolyn H. Cottrell (Doc. 17), David C. Leimbach (Doc. 18) and Travis H. A. Smith (Doc. 19) are granted. Counsel may appear in this matter on behalf of the Plaintiffs. ; granting #17 Motion for Admission Pro Hac Vice; granting #18 Motion for Admission Pro Hac Vice; granting #19 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (SAS, Chambers) [Transferred from Oklahoma Northern on 9/15/2021.]
January 22, 2021 Opinion or Order Filing 19 MOTION for Attorney(s) Travis H. A. Smith to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2341631) by Andrew Beissel (With attachments) (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
January 22, 2021 Opinion or Order Filing 18 MOTION for Attorney(s) David C. Leimbach to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2341622) by Andrew Beissel (With attachments) (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
January 22, 2021 Opinion or Order Filing 17 MOTION for Attorney(s) Carolyn H. Cottrell to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2341619) by Andrew Beissel (With attachments) (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
January 20, 2021 Opinion or Order Filing 16 MINUTE ORDER by Chief Judge John E Dowdell Defendant Western Flyer Express, LLC's Unopposed Motion for Extension of Time to File an Answer or Other Responsive Pleading (Doc. 13) is granted. Defendant's answer or other responsive pleading shall be filed by February 8, 2021. ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 2/8/2021); granting #13 Motion for Extension of Time to Answer (Re: #2 Complaint ) (This entry is the Official Order of the Court. No document is attached.) (SAS, Chambers) [Transferred from Oklahoma Northern on 9/15/2021.]
January 19, 2021 Opinion or Order Filing 15 MINUTE ORDER by Court Clerk , directing Western Flyer Express, LLC to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (lmt, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
January 18, 2021 Opinion or Order Filing 14 ATTORNEY APPEARANCE by Timothy Lawrence Spencer on behalf of Western Flyer Express, LLC [Note: Attorney Timothy Lawrence Spencer added to party Western Flyer Express, LLC(pty:dft).] (Spencer, Timothy) [Transferred from Oklahoma Northern on 9/15/2021.]
January 18, 2021 Opinion or Order Filing 13 Unopposed MOTION for Extension of Time to Answer or Other Responsive Pleading (Re: #2 Complaint ) by Western Flyer Express, LLC (Smith, Michael) [Transferred from Oklahoma Northern on 9/15/2021.]
January 18, 2021 Opinion or Order Filing 12 ATTORNEY APPEARANCE by Michael Franklin Smith on behalf of Western Flyer Express, LLC [Note: Attorney Michael Franklin Smith added to party Western Flyer Express, LLC(pty:dft).] (Smith, Michael) [Transferred from Oklahoma Northern on 9/15/2021.]
January 4, 2021 Opinion or Order Filing 11 SUMMONS Returned Executed re: Western Flyer Express, LLC (Re: #2 Complaint ) by J&B Enterprises, Inc., Andrew Beissel (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
December 22, 2020 Opinion or Order Filing 10 SUMMONS Issued by Court Clerk as to Western Flyer Express, LLC (sc, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
December 9, 2020 Opinion or Order Filing 9 ATTORNEY APPEARANCE by Robert S Boulter on behalf of All Plaintiffs [Note: Attorney Robert S Boulter added to party Andrew Beissel(pty:pla), Attorney Robert S Boulter added to party J&B Enterprises, Inc.(pty:pla).] (Boulter, Robert) [Transferred from Oklahoma Northern on 9/15/2021.]
December 9, 2020 Opinion or Order Filing 8 MINUTE ORDER by Chief Judge John E Dowdell The Motion for Leave to Appear Pro Hac Vice of Robert S. Boulter (Doc. 7) is granted. Counsel may appear in this matter on behalf of the Plaintiffs. ; granting #7 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (SAS, Chambers) [Transferred from Oklahoma Northern on 9/15/2021.]
December 9, 2020 Opinion or Order Filing 7 MOTION for Attorney(s) Robert S. Boulter to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2316584) by Andrew Beissel, J&B Enterprises, Inc. (With attachments) (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
December 9, 2020 Opinion or Order Filing 6 CORPORATE DISCLOSURE STATEMENT by J&B Enterprises, Inc. (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
December 8, 2020 Opinion or Order Filing 5 MINUTE ORDER by Court Clerk , directing J&B Enterprises, Inc. to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (lmt, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
December 7, 2020 Opinion or Order Filing 4 ATTORNEY APPEARANCE by Michael J Blaschke on behalf of All Plaintiffs [Note: Attorney Michael J Blaschke added to party Andrew Beissel(pty:pla), Attorney Michael J Blaschke added to party J&B Enterprises, Inc.(pty:pla).] (Blaschke, Michael) [Transferred from Oklahoma Northern on 9/15/2021.]
December 7, 2020 Opinion or Order Filing 3 ATTORNEY APPEARANCE by Rachel Lawrence Mor on behalf of All Plaintiffs (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
December 7, 2020 Opinion or Order Filing 2 COMPLAINT with Jury Demand against All Plaintiffs (paid $402 filing fee; receipt number AOKNDC-2314356) by J&B Enterprises, Inc., Andrew Beissel (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
December 7, 2020 Opinion or Order Filing 1 CIVIL COVER SHEET by Andrew Beissel, J&B Enterprises, Inc. (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]

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Search for this case: Beissel et al v. Western Flyer Express, LLC
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Petitioner: Andrew Beissel
Represented By: Carolyn H Cottrell
Represented By: Michael J Blaschke
Represented By: Rachel L Mor
Represented By: Robert S Boulter
Represented By: David Christopher Leimbach
Represented By: David C Leimbach
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Petitioner: J&B Enterprises, Inc.
Represented By: Michael J Blaschke
Represented By: Rachel L Mor
Represented By: Robert S Boulter
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Respondent: Western Flyer Express, LLC
Represented By: Michael F Smith
Represented By: Timothy L Spencer
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