Cumby et al v. Creason et al
Plaintiff: Justin Cumby and J. Cumby Construction, Inc.
Defendant: Larry Creason and Kansas Painting Solutions, LLC
Case Number: 2:2012cv00051
Filed: June 22, 2012
Court: US District Court for the Middle District of Tennessee
Office: Cookeville Office
County: Putnam
Presiding Judge: Joe Brown
Referring Judge: Kevin H Sharp
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 25, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2013 Opinion or Order Filing 36 ORDER: Pursuant to the Stipulation of Dismissal (Docket No. #35 ) filed by the parties, this action is hereby dismissed without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 2/25/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
February 21, 2013 Filing 35 STIPULATION of Dismissal by Larry Creason, Justin Cumby, J. Cumby Construction, Inc., Kansas Painting Solutions, LLC. (DeVries, Matthew)
February 21, 2013 Filing 34 (DISREGARD - ENTERED in ERROR) STIPULATION of Dismissal by Larry Creason, Justin Cumby, J. Cumby Construction, Inc., Kansas Painting Solutions, LLC. (DeVries, Matthew) Modified Text on 2/21/2013 (dt).
February 21, 2013 DOCKET ANNOTATION: Disregard DE #34 - entered in error - attorney to re-file. (dt)
November 16, 2012 Filing 33 Report of Parties Regarding Mediation Efforts by Justin Cumby, J. Cumby Construction, Inc., Kansas Painting Solutions, LLC(DeVries, Matthew)
October 17, 2012 Opinion or Order Filing 32 ORDER: This case is hereby referred to the Magistrate Judge for case management purposes pursuant to Local Rule 16.01. IT IS SO ORDERED. Signed by District Judge Kevin H. Sharp on 10/17/2012. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
October 16, 2012 Opinion or Order Filing 31 INITIAL CASE MANAGEMENT ORDER: Bench Trial set for 11/19/2013 at 09:00 AM in Cookeville before District Judge Kevin H. Sharp, Pretrial Conference set for 11/4/2013 at 02:30 PM in Cookeville before District Judge Kevin H. Sharp, Amended Pleadings due by 1/15/2013, Discovery due by 5/24/2013, Motions due by 6/28/2013. Signed by District Judge Kevin H. Sharp on 10/16/2012. (SEE ORDER FOR OTHER DEADLINES)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) Modified on 10/16/2012 (eh).
October 16, 2012 Opinion or Order Filing 30 ORDER granting #8 Motion to Dismiss Plaintiff's remaining claims without prejudice. Signed by District Judge Kevin H. Sharp on 10/16/2012. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
October 10, 2012 Filing 29 ANSWER to #27 Answer to Amended Complaint, Counterclaim by J. Cumby Construction, Inc..(DeVries, Matthew)
October 1, 2012 Minute Entry for proceedings held before District Judge Kevin H. Sharp: Case Management Conference held by telephone conference on 10/1/2012. (ab)
September 28, 2012 Opinion or Order Filing 28 ORDER granting #25 Motion for Leave to Allow Telephonic Appearance. The conference will be held via telephone. All parties shall call 615-695-2852 at 2:45 p.m. to be connected to the call. Signed by District Judge Kevin H. Sharp on 9/28/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
September 27, 2012 Filing 27 Defendant Kansas Painting Solutions, LLC's ANSWER to #19 Amended Complaint and, COUNTERCLAIM against J. Cumby Construction, Inc. by Kansas Painting Solutions, LLC.(Amonette, David)
September 27, 2012 Filing 26 RESPONSE in Opposition re #25 MOTION for Leave to Appear to Allow Telephonic Appearance filed by J. Cumby Construction, Inc.. (Kroplin, J.)
September 26, 2012 Filing 25 MOTION for Leave to Appear to Allow Telephonic Appearance by Kansas Painting Solutions, LLC. (Amonette, David)
September 24, 2012 Filing 24 PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (DeVries, Matthew)
September 17, 2012 Opinion or Order Filing 23 ORDER granting #12 Motion for Larry D. Toomey to Appear Pro Hac Vice. Signed by District Judge Kevin H. Sharp on 9/17/2012. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
September 17, 2012 Opinion or Order Filing 22 ORDER granting #10 Motion for Kevin T. Stamper to Appear Pro Hac Vice. Signed by District Judge Kevin H. Sharp on 9/17/2012. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
September 17, 2012 Email notification to attorneys Kevin T. Stamper and Larry B. Toomey re mandatory registration for a CM/ECF account. (eh)
September 14, 2012 Filing 21 CERTIFICATE OF GOOD STANDING of Attorney Larry D. Toomey from the United States District Court of Kansas filed by Larry Creason, Kansas Painting Solutions, LLC. (Bradshaw, James)
September 14, 2012 Filing 20 CERTIFICATE OF GOOD STANDING of Attorney Kevin T. Stamper from the United States District Court of Kansas filed by Larry Creason, Kansas Painting Solutions, LLC. (Bradshaw, James)
September 13, 2012 Filing 19 AMENDED COMPLAINT against Kansas Painting Solutions, LLC, filed by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit 1-Subcontract Agreement)(DeVries, Matthew)
September 13, 2012 Filing 18 ANSWER to #6 Answer to Complaint, Counterclaim by J. Cumby Construction, Inc..(DeVries, Matthew)
August 24, 2012 Filing 17 RECEIPT #34675023024 in the amount of $150 re #10 Motion to Appear Pro Hac Vice, #12 Motion to Appear Pro Hac Vice. (eh)
August 22, 2012 Opinion or Order Filing 16 ORDER granting #15 Motion for Extension of Time to File Response/Reply. Answer due by 9/13/2012. Signed by District Judge Kevin H. Sharp on 8/22/2012. (eh)
August 20, 2012 Filing 15 MOTION for Extension of Time to File Response/Reply as to #6 Answer to Complaint, Counterclaim and to amend their complaint (Unopposed) by Justin Cumby, J. Cumby Construction, Inc.. (DeVries, Matthew)
August 17, 2012 Filing 14 RECEIPT #34675022972 and 34675022973 in the amount of $75 each re #10 Motion to Appear Pro Hac Vice, #12 Motion to Appear Pro Hac Vice. (eh)
August 15, 2012 Bar status for attorneys Larry Toomey and Kevin Stamper of KS verified as active on this date. (eh)
August 15, 2012 Note to filer re DE 11 & 13: Pursuant to Local Rule 83.01, an Original Certificate of Good Standing, signed by the Clerk of a UNITED STATES DISTRICT COURT to which admitted, should be filed. The fee is $75.00 and may be paid on-line via credit card or by cash, check, or money order. (eh)
August 14, 2012 Filing 13 AFFIDAVIT re #12 MOTION for attorney(s) Larry D. Toomey to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Larry Creason, Kansas Painting Solutions, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Bradshaw, James)
August 14, 2012 Filing 12 MOTION for attorney(s) Larry D. Toomey to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Larry Creason, Kansas Painting Solutions, LLC. (Attachments: #1 Proposed Order re Admission Pro Hac Vice)(Bradshaw, James)
August 14, 2012 Filing 11 AFFIDAVIT re #10 MOTION for attorney(s) Kevin T. Stamper to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Larry Creason, Kansas Painting Solutions, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Bradshaw, James)
August 14, 2012 Filing 10 MOTION for attorney(s) Kevin T. Stamper to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Larry Creason, Kansas Painting Solutions, LLC. (Attachments: #1 Proposed Order re Admission Pro Hac Vice)(Bradshaw, James)
August 3, 2012 Opinion or Order Filing 9 ORDER granting #7 Joint MOTION to Continue Case Management Conference. Initial Case Management Conference set for 10/1/2012 at 09:30 AM in Cookeville before District Judge Kevin H. Sharp. Signed by District Judge Kevin H. Sharp on 8/3/2012. (eh)
August 3, 2012 Filing 8 MOTION to Dismiss Plaintiffs' Remaining Claims without prejudice by Justin Cumby, J. Cumby Construction, Inc.. (Kroplin, J.)
August 3, 2012 Filing 7 Joint MOTION to Continue Case Management Conference by Justin Cumby, J. Cumby Construction, Inc.. (Kroplin, J.)
July 31, 2012 NOTICE TO COUNSEL Kevin T. Stamper and Larry B. Toomey of KS : WITHIN 20 DAYS (on or before 8/20/2012), counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). (eh)
July 31, 2012 Bar status for attorneys Matthew J. DeVries, J. Matthew Kroplin of TN, Kevin T. Stamper and larry B. Toomey of KS verified as active on this date. (eh)
July 31, 2012 NOTE TO FILER re: DE #6 . This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Future scanned pleadings of this nature may require refiling. (eh)
July 30, 2012 Filing 6 Defendants ANSWER to Complaint, COUNTERCLAIM against Justin Cumby, J. Cumby Construction, Inc. by Kansas Painting Solutions, LLC, Larry Creason.(Bradshaw, James)
July 9, 2012 Opinion or Order Filing 5 ORDER granting #4 Motion for Extension of Time to Answer. Larry Creason and Kansas Painting Solutions, LLC answer due 7/30/2012. Signed by District Judge Kevin H. Sharp on 7/9/2012. (eh)
June 29, 2012 Filing 4 First MOTION for Extension of Time to File Answer Unopposed by Plaintiffs filed by Larry Creason, Kansas Painting Solutions, LLC. (Bradshaw, James)
June 25, 2012 Filing 3 NOTICE of Initial Case Management Conference set for 8/6/2012 at 10:45 AM in Cookeville before District Judge Kevin H. Sharp. (eh)
June 25, 2012 Bar status for attorneys Jon Edward Jones, David Andrew Amonette and James C. Bradshaw, III of TN verified as active on this date. (eh)
June 22, 2012 Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Kansas Painting Solutions, LLC. (eh)
June 22, 2012 Filing 1 NOTICE OF REMOVAL by Larry Creason, Kansas Painting Solutions, LLC from Circuit Court of Putnam County, Tennessee, case number 12N0121. Filing fee paid $350. (Attachments: #1 Exhibit A-Circuit Court Complaint, #2 Exhibit B-Notice of filing of Removal, #3 Civil Cover Sheet)(eh)

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Plaintiff: Justin Cumby
Represented By: J. Matthew Kroplin
Represented By: Jon Edward Jones
Represented By: Matthew J. DeVries
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Plaintiff: J. Cumby Construction, Inc.
Represented By: J. Matthew Kroplin
Represented By: Jon Edward Jones
Represented By: Matthew J. DeVries
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Defendant: Larry Creason
Represented By: David Andrew Amonette
Represented By: James C. Bradshaw, III
Represented By: Kevin T. Stamper
Represented By: Larry B. Toomey
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Defendant: Kansas Painting Solutions, LLC
Represented By: David Andrew Amonette
Represented By: James C. Bradshaw, III
Represented By: Kevin T. Stamper
Represented By: Larry B. Toomey
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