Volvo Road Machinery Inc. v. J. D. Evans, Inc.
| Volvo Road Machinery Inc. |
| J. D. Evans, Inc. |
| 4:2009cv04001 |
| January 7, 2009 |
| US District Court for the District of South Dakota |
| Contract: Other Office |
| XX US, Outside State |
| Karen E Schreier |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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This docket was last retrieved on January 14, 2010. A more recent docket listing may be available from PACER.
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| Filing 39 JUDGMENT OF DISMISSAL. Signed by Chief Judge Karen E. Schreier on 1/14/2010. (KC) |
| Filing 38 STIPULATION of Dismissal With Prejudice by Volvo Road Machinery Inc.. (Frankman, Thomas) |
| Filing 37 Notice of Withdrawal of Attorney by J. D. Evans, Inc.. Attorney Edward Louis Bleynat, Jr terminated. (SLW) |
| Filing 36 PRO HAC VICE Letter sent to Dale Curriden and Edward Bleynat Jr. through USPS; Billy Donley and David Jarrett electronically (SLW) |
Filing 34
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Karen E. Schreier for all further proceedings. U. S. District Judge Lawrence L. Piersol no longer assigned to case. Signed by U. S. District Judge Lawrence L. Piersol on 12/11/09. (CMS)
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| Filing 33 NOTICE of Appearance and Substitution of Counsel by Eric R. Johnson on behalf of Volvo Road Machinery Inc. (Johnson, Eric) Modified on 3/11/2009 to clarify title of pleading (CMS). |
| Filing 32 NOTICE of Appearance by Mark F. Marshall on behalf of Volvo Road Machinery Inc. (Marshall, Mark) |
| Filing 31 Case transferred in from District of North Carolina Western; Case Number 1:08-cv-00156. Original file with documents numbered 1 - 30, certified copy of transfer order and docket sheet received. |
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Filing 30
ORDER granting #10 Motion to Change Venue, Defendant's Motion to Dismiss is Denied.. Signed by District Judge Lacy Thornburg on 10/16/2008. (thh) [Transferred from North Carolina Western on 1/7/2009.]
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| Notice to Michael P. Healy: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Copy of Notice mailed to Michael P. Healy (ejb) [Transferred from North Carolina Western on 1/7/2009.] |
| Minute Entry: MOTION HEARING held before District Judge Lacy Thornburg. Re #10 MOTION to Change Venue TO THE DISTRICT OF SOUTH DAKOTA. Motion taken under advisement, order to issue. Plaintiffs attorney: Dale Allen Curriden and David R. Jarrett. Defendants attorney: Edward Bleynat, Jr. and Michael P. Healy. Court reporter: Karen Miller. (siw) [Transferred from North Carolina Western on 1/7/2009.] |
| Motions Taken Under Advisement: #10 MOTION to Change Venue TO THE DISTRICT OF SOUTH DAKOTA (siw) [Transferred from North Carolina Western on 1/7/2009.] |
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Filing 29
ORDER granting #28 Motion for Leave to Appear Pro Hac Vice added Michael P. Healy for J. D. Evans, Inc.. Signed by District Judge Lacy Thornburg on 9/15/08. (pdf) [Transferred from North Carolina Western on 1/7/2009.]
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| Filing 28 MOTION for Leave to Appear Pro Hac Vice as to Michael Healey Filing fee $ 250, receipt number 04190000000000625226. by J. D. Evans, Inc.. (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
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Filing 27
ORDER Setting Hearing on Motion #10 MOTION to dismiss or, in the alternative, Change Venue TO THE DISTRICT OF SOUTH DAKOTA : Motion Hearing set for 9/18/2008 02:00 PM in Courtroom 1, 100 Otis St., Asheville, NC 28801 before District Judge Lacy Thornburg.. Signed by District Judge Lacy Thornburg on August 22, 2008. (jhg) [Transferred from North Carolina Western on 1/7/2009.]
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Filing 26
ORDER granting #25 Motion to Stay Initial Attorney's Conference. Signed by District Judge Lacy Thornburg on 8/19/08. (pdf) [Transferred from North Carolina Western on 1/7/2009.]
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| Filing 25 Joint MOTION to Stay INITIAL ATTORNEYS' CONFERENCE by J. D. Evans, Inc..Responses due by 9/2/2008. (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 24 Exhibit by Volvo Road Machinery Inc.. Exhibit to #23 Response in Opposition to Motion, Exhibit 3, Part 5 (to follow Exhibit 3, Part 4 of 4) (Curriden, Dale) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 23 RESPONSE in Opposition re #10 MOTION to Change Venue TO THE DISTRICT OF SOUTH DAKOTA by Volvo Road Machinery Inc.. Replies due by 8/18/2008. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, Part 1 of 4, #4 Exhibit 3, Part 2 of 4, #5 Exhibit 3, Part 3 of 4, #6 Exhibit 3, Part 4 of 4, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6)(Curriden, Dale) [Transferred from North Carolina Western on 1/7/2009.] |
| Magistrate Judge Dennis Howell no longer assigned to case pursuant to Judge Thornburg's instructions. (jhg) [Transferred from North Carolina Western on 1/7/2009.] |
| NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days of receipt of this Notice. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. (ejb) [Transferred from North Carolina Western on 1/7/2009.] |
| NOTICE of ECF Filing Error re: #11 Memorandum in Support of Motion filed by J. D. Evans, Inc., #10 MOTION to Change Venue TO THE DISTRICT OF SOUTH DAKOTA filed by J. D. Evans, Inc. ***Certificate of service is incomplete because e-mail address(es) of Attorney(s) receiving notification of filing via CM/ECF was/were not shown. On future filings filer should include such information. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY. (ejb) [Transferred from North Carolina Western on 1/7/2009.] |
| NOTICE of ECF Filing Error re: #12 Affidavit in Support of Motion, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, and #21 Exhibit filed by J. D. Evans, Inc., Documents should have been filed as attachments to the main document: #11 Memorandum in Support of Motion to Change Venue. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY. (ejb) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 22 ANSWER to #1 Complaint by J. D. Evans, Inc..(Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 21 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit J - Volvo Machinery Answer in SD (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 20 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit I - Volvo Suggestions in Support of Motion to Transfer (filed in SD) (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 19 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit H - 5-20-08 Letter (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 18 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit G - 4-29-08 Letter (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 17 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit F - South Dakota Complaint (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 16 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit E 4-17-08 Letter (DJ complaint is attachment) (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 15 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit D 4-10-08 letter (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 14 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit C - 3-24-08 Letter (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 13 Exhibit by J. D. Evans, Inc.. Exhibit to #11 Memorandum in Support of Motion Exhibit B - 3-14-08 Letter (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 12 AFFIDAVIT in Support re #10 MOTION to Change Venue TO THE DISTRICT OF SOUTH DAKOTA AFFIDAVIT OF JACK BABB by J. D. Evans, Inc.. (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Change Venue TO THE DISTRICT OF SOUTH DAKOTA by J. D. Evans, Inc.. (Bleynat, Edward) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 10 MOTION to Change Venue TO THE DISTRICT OF SOUTH DAKOTA by J. D. Evans, Inc..Responses due by 8/11/2008. (Bleynat, Edward). Motions referred to Dennis Howell. [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by Volvo Road Machinery Inc.. J. D. Evans, Inc. waiver sent on 5/19/2008, answer due 7/23/2008. (Curriden, Dale) [Transferred from North Carolina Western on 1/7/2009.] |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer J. D. Evans, Inc. answer due 7/23/2008.. Signed by Magistrate Judge Dennis Howell on 6/24/08. (pdf) [Transferred from North Carolina Western on 1/7/2009.]
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| NOTICE of ECF Filing Errors re: #7 MOTION for Extension of Time to File Answer filed by J. D. Evans, Inc. ***1st Error - Certificate of service is incomplete because e-mail address of Attorney receiving notification of filing via CM/ECF was not shown. On future filings filer should include e-mail of address(es) of Attorney(s) receiving notification of filing via CM/ECF on the Certificate of service*** & ***2nd Error - Pursuant to Administrative Procedure II.C.2. the signature block should include a filer's e-mail address*** NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY. (ejb) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 7 MOTION for Extension of Time to File Answer by J. D. Evans, Inc.. (Bleynat, Edward). Motions referred to Dennis Howell. [Transferred from North Carolina Western on 1/7/2009.] |
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Filing 6
ORDER granting #4 Motion for Leave to Appear Pro Hac Vice added David R. Jarrett for Volvo Road Machinery Inc., granting #5 Motion for Leave to Appear Pro Hac Vice, added Billy M. Donley for Volvo Road Machinery Inc.. Signed by District Judge Lacy Thornburg on 4/25/08. (jhg) [Transferred from North Carolina Western on 1/7/2009.]
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| Case referred to Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(jhg) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Billy M. Donley Filing fee $ 250, receipt number 04190000000000524840. by Volvo Road Machinery Inc.. (Curriden, Dale) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice as to David R. Jarrett Filing fee $ 250, receipt number 04190000000000524810. by Volvo Road Machinery Inc.. (Curriden, Dale) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 3 Summons Issued Electronically as to J. D. Evans, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (jhg) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 2 Corporate Disclosure Statement by Volvo Road Machinery Inc. (Curriden, Dale) [Transferred from North Carolina Western on 1/7/2009.] |
| Filing 1 COMPLAINT For Declaratory Relief against J. D. Evans, Inc. ( Filing fee $ 350 receipt number 04190000000000518311.), filed by Volvo Road Machinery Inc..(Curriden, Dale) [Transferred from North Carolina Western on 1/7/2009.] |
| Clerk's Entry and Service of #Standing Civil Order before the U.S. District Judge Lacy H. Thornburg and U.S. Magistrate Judge Dennis L. Howell (1:07-mc-23 (Doc. No. 1)). The parties are directed to click on the link above to retrieve the Order. (jhg) [Transferred from North Carolina Western on 1/7/2009.] |
| Case assigned to District Judge Lacy Thornburg. This is your only notice - you will not receive a separate document.(jhg) [Transferred from North Carolina Western on 1/7/2009.] |
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