KGS Steel Inc v. McCandless et al
| KGS Steel Inc |
| Bentley Steel Inc and Randall A Duke |
| Houston McCandless |
| Gaston Stein |
| 3:2020cv00911 |
| October 22, 2020 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Barbara D Holmes |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 75 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Bentley Steel Inc. (Waldron, Denis) |
| Filing 74 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Houston McCandless. (Peek, Alston) |
| Filing 73 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Gaston Stein. (Lowell, Craig) |
| Filing 72 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Houston McCandless. (Donnell, R.) |
| Filing 71 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Randall A Duke. (Lopez, Christina) |
Filing 70
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 5/7/2021. Discovery due by 9/10/2021. Dispositive Motions due by 11/5/2021. Case Management Conference by Telephone is set for 7/14/2021 at 2:00 PM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 12/15/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 12/14/2020; ORDER to enter. (Tape #not recorded.) (Hearing lasted :45)(jwc) |
| TN State Bar status verified as active for Alston Peek admitted to this court. (kc) |
| Filing 69 PROPOSED INITIAL CASE MANAGEMENT ORDER filed by KGS Steel Inc. (Arciniegas, Daniel) Modified on 12/10/2020 (kc). |
| Filing 68 NOTICE of Appearance by Alston Peek on behalf of Houston McCandless (Peek, Alston) |
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Filing 67
ORDER granting #47 and #59 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Craig Lowell and Patrick L. Pantazis is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 12/01/2020. (vk)
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| Filing 66 CERTIFICATE OF SERVICE by Randall A Duke re #61 Answer to Complaint (Amended) (Lopez, Christina) |
| Filing 65 CERTIFICATE OF SERVICE by Bentley Steel Inc re #64 Answer to Complaint (Amended and Supplemented) (Waldron, Denis) |
| NOTICE TO FILER re DE#64 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) |
| NOTICE TO FILER re DE#61 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) |
| Filing 64 Bentley Steel's Affirmative Defenses and ANSWER to #1 Complaint by Bentley Steel Inc.(Waldron, Denis) |
| Filing 63 SUPPLEMENT filed by KGS Steel Inc re Annotation - Deficiency Notice,. (Attachments: #1 Attachment pro Hac Vice Motion for Lowell, #2 Attachment Pro Hac Vice Motion for Pantazis)(Arciniegas, Daniel) |
| Filing 62 BUSINESS ENTITY DISCLOSURE STATEMENT filed by KGS Steel Inc. (Arciniegas, Daniel) |
| Filing 61 ANSWER to #1 Complaint by Randall A Duke. (Attachments: #1 Exhibit 1 - Negotiable Promissory Note)(Lopez, Christina) |
| NOTICE TO FILER re DE#58 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) |
| NOTICE TO FILER re DE#59 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) |
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Filing 60
ORDER granting #53 Motion to Substitute Attorney. Added attorney R. Mark Donnell, Jr. for Houston McCandless. Attorney Lance L. Goodson, Jr. and Sam David Knight terminated. Mark Donnell and any other attorneys with the firm of Sims Funk who will be representing Defendant McCandless must promptly file a notice of appearance pursuant to Local Rule 83.01(e). Signed by Magistrate Judge Barbara D. Holmes on 11/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 59 MOTION to Supplement #47 MOTION for attorney Lowell to Appear Pro Hac Vice (paid $200 PHV fee; receipt number 0650-3254315) by KGS Steel Inc. (Attachments: #1 Attachment Pro Hac Vice Motion for Lowell, #2 Attachment Pro Hac Vice Motion for Pantazis)(Arciniegas, Daniel) |
| Filing 58 BUSINESS ENTITY DISCLOSURE STATEMENT filed by KGS Steel Inc. (Arciniegas, Daniel) |
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Filing 57
ORDER granting #52 Motion to Withdraw as Attorney. Attorney David C. Skinner terminated. Signed by Magistrate Judge Barbara D. Holmes on 11/16/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 56
ORDER granting #48 Motion to Substitute Attorney. Added attorney Henry E. Hildebrand, IV for Bentley Steel Inc. Attorney John S. Johnson terminated. Signed by Magistrate Judge Barbara D. Holmes on 11/16/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Main Document 56 replaced on 11/16/2020) (kc).
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| Filing 55 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Bentley Steel Inc. (Waldron, Denis) |
| Filing 53 MOTION to Substitute Attorney by Houston McCandless. (Attachments: #1 Attachment Proposed Agreed Order Granting Motion to Substitute)(Donnell, R.) |
| TN State Bar status verified as active for R. Mark Donnell, Jr admitted to this court. (vh) |
| TN State Bar status verified as active for Henry E. Hildebrand, IV admitted to this court. (kc) |
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Filing 54
ORDER: The initial case management conference in this case, scheduled for 11:30 a.m. on 12/14/2020, will be held telephonically. Counsel should use the following dial-in information to participate in the telephonic initial case management conference: Dial-in number: 877-402-9753, Access Code: 3808663#. Counsel are reminded of the requirement to file a joint proposed initial case management order at least three (3) business days prior to the initial case management conference. Plaintiff's counsel shall ensure that all Defendants are served with a copy of this Order or are otherwise advised of the changes. Plaintiff's counsel shall ensure that all Defendants are served with a copy of this Order or are otherwise advised of the changes. Signed by Magistrate Judge Barbara D. Holmes on 11/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 11/16/2020 (kc).
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| Filing 52 MOTION to Withdraw as Attorney by KGS Steel Inc. (Arciniegas, Daniel) |
| Filing 51 NOTICE of Appearance by R. Mark Donnell, Jr on behalf of Houston McCandless (Donnell, R.) |
| Filing 50 NOTICE by Houston McCandless (Mangelsdorf, Richard) |
| Filing 49 NOTICE of Appearance by Richard C. Mangelsdorf, Jr on behalf of Houston McCandless (Mangelsdorf, Richard) |
| NOTICE TO FILER re DE#47 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether a finding of contempt or a sanction under 28 U.S.C. 1927 by any court have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (vh) |
| Filing 48 MOTION to Substitute Attorney Substituting Dunham Hildebrand, PLLC as Attorneys for Bentley Steel by Bentley Steel Inc. (Attachments: #1 Attachment Proposed Agreed Order)(Waldron, Denis) |
| Filing 47 MOTION for attorneys Craig Lowell and Patrick L. Pantazis to Appear Pro Hac Vice (paid $200 PHV fee; receipt number 0650-3254315) by KGS Steel Inc. (Attachments: #1 Attachment Pro Hac Vice Lowell, #2 Attachment Pro Hac Vice Pantazis)(Arciniegas, Daniel) Modified on 11/12/2020 (vh). |
| Filing 46 NOTICE of Appearance by Daniel E. Arciniegas on behalf of KGS Steel Inc (Arciniegas, Daniel) |
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Filing 45
ORDER granting #44 Consent Motion for Extension of Time to Answer Complaint. Randall A Duke answer due 11/20/2020. Signed by Magistrate Judge Barbara D. Holmes on 11/2/2020. (vh)
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| Filing 44 Consent MOTION for Extension of Time to File Answer by Randall A Duke. (Attachments: #1 Attachment Proposed Order)(Abelow, Michael) |
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Filing 43
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 42 NOTICE by Randall A Duke of Withdrawal of Barry A. Ragsdale and Thomas B. Humphries (Abelow, Michael) |
| Filing 41 NOTICE of Initial Case Management Conference set for 12/14/2020 at 11:30 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (vh) |
| NOTICE TO COUNSEL John S. Johnson, Barry A. Ragsdale, Thomas B. Humphries, Craig L. Lowell, David C. Skinner, Patrick L. Pantazis, Sam David Knight, Lance L. Goodson, Jr, and Jonathan K. Corley: WITHIN 21 DAYS, 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 or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 11/13/2020. (vh) |
| AL State Bar status verified as active for John S. Johnson, Barry A. Ragsdale, Thomas B. Humphries, Craig L. Lowell, David C. Skinner, Patrick L. Pantazis, Sam David Knight, Lance L. Goodson, Jr, and Jonathan K. Corley not admitted to this court - Local counsel required. (vh) |
| TN State Bar status verified as active for Michael G. Abelow and Christina R. Lopez admitted to this court. (vh) |
| Filing 40 NOTICE of Business Entity Disclosure Statement filing requirement. (vh) |
| Filing 39 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh) |
| Filing 38 Case transferred in from the District of Alabama Northern; Case Number 2:20-cv-00816. Original file certified copy of transfer order and docket sheet received. |
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Filing 37
ORDER - For the reasons discussed during the October 22, 2020 telephone conference in this matter, and with the consent of all the parties, the Court asks the Clerk of Court to please transfer this case to the United States District Court for the Middle District of Tennessee pursuant to 28 U.S.C. 1406. Signed by Judge Madeline Hughes Haikala on 10/22/2020. (KEK) [Transferred from Alabama Northern on 10/22/2020.]
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| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephonic Motion Hearing held on 10/22/2020 re #24 MOTION to Dismiss for Lack of Jurisdiction filed by Randall A Duke. (Court Reporter Leah Turner.) (YMB) [Transferred from Alabama Northern on 10/22/2020.] |
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Filing 36
TEXT ORDER: Before the Court are Bentley Steel and Mr. Duke's motions to dismiss for lack of personal jurisdiction. (Docs. #14 , #24 ). The Court sets these motions for a telephone conference on Thursday October 22, 2020 at 1:30 p.m. CST. Counsel of record shall please dial (877) 873-8018 and enter access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 10/19/2020. (KEK) [Transferred from Alabama Northern on 10/22/2020.]
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Filing 35
TEXT ORDER: The Court grants the parties' joint motion for extension of time. (Doc. #34 ). The parties shall conduct a Rule 26(f) meeting within 30 days after the Court rules on the pending Motions to Dismiss in this action. Signed by Judge Madeline Hughes Haikala on 10/13/2020. (YMB) [Transferred from Alabama Northern on 10/22/2020.]
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| Filing 34 Joint MOTION for Extension of Time (Joint Motion to Extend Deadlines as to Initial Disclosures and Rule 26(f) Obligations) by Randall A Duke. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 33 REPLY Brief filed by Defendant Randall A Duke re: #24 MOTION to Dismiss for Lack of Jurisdiction filed by Randall A Duke. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
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Filing 32
TEXT ORDER: The Court grants Attorney Thomas Humphries' motions to admit Michael G. Abelow and Christina R.B. Lopez pro hac vice in this action. (Docs. #29 , #28 ). Signed by Judge Madeline Hughes Haikala on 9/29/2020. (YMB) [Transferred from Alabama Northern on 10/22/2020.]
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| Filing 31 NOTICE by Randall A Duke re #28 MOTION for Leave to Appear -Verified Motion for Admission Pro Hac Vice for Christina R.B. Lopez , #29 MOTION for Leave to Appear - Verified Motion for Admission Pro Hac Vice for Michael G. Abelow (Notice of Filing Certificates of Good Standing for Michael G. Abelow and Christina Lopez) (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 30 RESPONSE in Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction filed by KGS Steel Inc, Gaston Stein. (Lowell, Craig) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 29 MOTION for Leave to Appear - Verified Motion for Admission Pro Hac Vice for Michael G. Abelow by Randall A Duke. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 28 MOTION for Leave to Appear -Verified Motion for Admission Pro Hac Vice for Christina R.B. Lopez by Randall A Duke. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
| PHV Fee paid: $ 75, receipt number 1126-3674456. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
| PHV Fee paid: $ 75, receipt number 1126-3674465. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 27 NOTICE of Appearance by Barry A Ragsdale on behalf of Randall A Duke (Ragsdale, Barry) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 26 NOTICE of Appearance by Thomas B Humphries on behalf of Randall A Duke (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
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Filing 25
TEXT ORDER: Randall Duke moves to dismiss for lack of personal jurisdiction under Rule 12(b)(2). (Doc. #24 ). On or before September 24, 2020, KGS Steel, Inc. shall file a response; Randall Duke may file a reply on or before October 1, 2020. Signed by Judge Madeline Hughes Haikala on 9/10/2020. (KAM) [Transferred from Alabama Northern on 10/22/2020.]
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| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Randall A Duke. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 23 Third-Party Defendant Gaston Stein's ANSWER to Counterclaim and Third-Party Complaint, ANSWER to Third Party Complaint by KGS Steel Inc, Gaston Stein.(Lowell, Craig) [Transferred from Alabama Northern on 10/22/2020.] |
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Filing 22
TEXT ORDER: KSG Steel, Inc. and Gaston Stein have asked the Court to dismiss Count II of Mr. McCandless's verified counterclaim and third-party complaint. (Doc. #21 ). The Court has reviewed the factual allegations that support Count II of Mr. McCandless's counterclaim. Those factual allegations are sufficient to satisfy the heightened pleading standard of FRCP 9(b). Mr. McCandless's factual allegations are not mere conclusions but statements of specific facts describing the who, how, when, and where of the alleged fraudulent conduct. With respect to documentation, Mr. McCandless explains how he documented the sale of scrap, where he maintained the documentation, and what he believes happened to the documentation. (Doc. #11 , p. 15). Therefore, the Court denies the motion to dismiss Count II of Mr. McCandless's counterclaim. Signed by Judge Madeline Hughes Haikala on 9/3/2020. (KEK) [Transferred from Alabama Northern on 10/22/2020.]
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| Filing 21 MOTION to Dismiss Count II of Verified Counterclaim and Third-Party Complaint Against KGS Steel, Inc. and Gaston Stein by KGS Steel Inc, Gaston Stein. (Lowell, Craig) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 20 Counter Defendant KGS Steel, Inc. ANSWER to Counterclaim , Counter Defendant KGS Steel, Inc. ANSWER to Third Party Complaint by KGS Steel Inc, Gaston Stein.(Lowell, Craig) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 19 REPLY Brief filed by Defendant Bentley Steel Inc re: #18 Response in Opposition to Motion to Dismiss for Lack of Personal Jurisdiction filed by Bentley Steel Inc. (Johnson, John) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 18 RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction filed by KGS Steel Inc. (Attachments: #1 Exhibit Ex. 1)(Pantazis, Patrick) [Transferred from Alabama Northern on 10/22/2020.] |
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Filing 17
TEXT ORDER: The Court grant the parties' unopposed motion for extension of time. (Doc. #16 ). KGS Steel Inc. and Gaston Stein are allowed an additional 14 days to file an Answer to the Counterclaim and Third-Party Complaint. Signed by Judge Madeline Hughes Haikala on 8/11/2020. (YMB) [Transferred from Alabama Northern on 10/22/2020.]
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 Answer to Complaint, Third Party Complaint, Counterclaim by KGS Steel Inc, Gaston Stein. (Lowell, Craig) [Transferred from Alabama Northern on 10/22/2020.] |
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Filing 15
TEXT ORDER: Bentley Steel, Inc. moves to dismiss for lack of personal jurisdiction under Rule 12(b)(2). (Doc. #14 ). On or before August 12, 2020, KGS Steel, Inc. shall file a response; Bentley Steel may file a reply on or before August 19, 2020. Signed by Judge Madeline Hughes Haikala on 7/30/2020. (KEK) [Transferred from Alabama Northern on 10/22/2020.]
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| Filing 14 MOTION to Dismiss for Lack of Jurisdiction by Bentley Steel Inc. (Attachments: #1 Exhibit 1)(Johnson, John) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 13 NOTICE of Appearance by Patrick L Pantazis on behalf of KGS Steel Inc (Pantazis, Patrick) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 12 NOTICE of Appearance by Jonathan Corley on behalf of Houston McCandless (Corley, Jonathan) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 11 ANSWER to #1 Complaint with Jury Demand , THIRD PARTY COMPLAINT against Gaston Stein, COUNTERCLAIM against KGS Steel Inc by Houston McCandless.(Knight, Sam) [Transferred from Alabama Northern on 10/22/2020.] |
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Filing 10
TEXT ORDER: The Court grants defendant's unopposed motion for extension of time. (Doc. #9 ). Defendant Bentley Steel, Inc. shall respond to the Complaint on or before 7/29/2020. Signed by Judge Madeline Hughes Haikala on 7/13/2020. (YMB) [Transferred from Alabama Northern on 10/22/2020.]
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| Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint by Bentley Steel Inc. (Johnson, John) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 8 SUMMONS Returned Executed by KGS Steel Inc. Houston McCandless served on 7/3/2020, answer due 7/24/2020. (KEK) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 7 SUMMONS Returned Executed by KGS Steel Inc. Bentley Steel Inc served (no date on green card). (KEK) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 6 SUMMONS Returned Executed by KGS Steel Inc. Randall A Duke served on 6/22/2020, answer due 7/13/2020. (KEK) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 5 Summons Issued as to Houston McCandless. Sent via certified mail. (KEK) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 4 Summons Issued as to Bentley Steel Inc, Randall A Duke. Sent via certified mail. (KEK) [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 3 Request for service by certified mail filed by KGS Steel Inc. (Lowell, Craig) [Transferred from Alabama Northern on 10/22/2020.] |
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Filing 2
INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 8/16/2020. (KEK) [Transferred from Alabama Northern on 10/22/2020.]
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| Filing Fee: Filing fee $ 400, receipt_number 1126-3606942 (ALND B4601106484) related document #1 COMPLAINT against Bentley Steel Inc, Randall A Duke, Houston McCandless, filed by KGS Steel Inc.(KEK). (Lowell, Craig) Modified on 6/10/2020 (KEK). [Transferred from Alabama Northern on 10/22/2020.] |
| Filing 1 COMPLAINT against Bentley Steel Inc, Randall A Duke, Houston McCandless, filed by KGS Steel Inc.(KEK) [Transferred from Alabama Northern on 10/22/2020.] |
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