Beissel et al v. Western Flyer Express, LLC
| Andrew Beissel and J&B Enterprises, Inc. |
| Western Flyer Express, LLC |
| 5:2021cv00903 |
| September 14, 2021 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| David L Russell |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.
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Filing 49
ENTRY of Appearance by Travis HA Smith on behalf of All Plaintiffs (Smith, Travis)
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Filing 48
ENTRY of Appearance by David C Leimbach on behalf of All Plaintiffs (Leimbach, David)
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Filing 47
ENTRY of Appearance by Carolyn H Cottrell on behalf of All Plaintiffs (Cottrell, Carolyn)
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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)
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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)
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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)
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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)
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Filing 42
ENTRY of Appearance by Robert S Boulter on behalf of All Plaintiffs (Boulter, Robert)
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Filing 41
MOTION to Dismiss and Opening Brief in Support by Western Flyer Express, LLC. (Smith, Michael)
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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)
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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)
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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)
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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)
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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)
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Filing 35
NOTICE OF PENDING MOTIONS by Western Flyer Express, LLC (Smith, Michael)
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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)
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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)
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Filing 32
Case transferred in from District of Oklahoma Northern; Case Number 4:20-cv-00638.
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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.]
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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.]
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***Civil Case Terminated (see document number #31 ) (sc, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 10
SUMMONS Issued by Court Clerk as to Western Flyer Express, LLC (sc, Dpty Clk) [Transferred from Oklahoma Northern on 9/15/2021.]
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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.]
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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.]
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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.]
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Filing 6
CORPORATE DISCLOSURE STATEMENT by J&B Enterprises, Inc. (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
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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.]
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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.]
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Filing 3
ATTORNEY APPEARANCE by Rachel Lawrence Mor on behalf of All Plaintiffs (Mor, Rachel) [Transferred from Oklahoma Northern on 9/15/2021.]
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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.]
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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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