KGS Steel Inc v. McCandless et al
Plaintiff: KGS Steel Inc
Defendant: Bentley Steel Inc and Randall A Duke
Counter Plaintiff: Houston McCandless
3Rd Party Defendant: Gaston Stein
Case Number: 3:2020cv00911
Filed: October 22, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Waverly D Crenshaw
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2020 Filing 40 NOTICE of Business Entity Disclosure Statement filing requirement. (vh)
October 22, 2020 Filing 39 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh)
October 22, 2020 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.
October 22, 2020 Opinion or Order 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.]
October 22, 2020 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.]
October 19, 2020 Opinion or Order 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.]
October 13, 2020 Opinion or Order 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.]
October 12, 2020 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.]
September 30, 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.]
September 29, 2020 Opinion or Order 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.]
September 25, 2020 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.]
September 24, 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.]
September 18, 2020 PHV Fee paid: $ 75, receipt number 1126-3674465. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.]
September 18, 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.]
September 18, 2020 PHV Fee paid: $ 75, receipt number 1126-3674456. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.]
September 18, 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.]
September 10, 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.]
September 10, 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.]
September 10, 2020 Opinion or Order 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.]
September 10, 2020 Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Randall A Duke. (Humphries, Thomas) [Transferred from Alabama Northern on 10/22/2020.]
September 4, 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.]
September 3, 2020 Opinion or Order 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.]
August 31, 2020 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.]
August 31, 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.]
August 19, 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.]
August 12, 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.]
August 11, 2020 Opinion or Order 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.]
August 10, 2020 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.]
July 30, 2020 Opinion or Order 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.]
July 29, 2020 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.]
July 29, 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.]
July 27, 2020 Filing 12 NOTICE of Appearance by Jonathan Corley on behalf of Houston McCandless (Corley, Jonathan) [Transferred from Alabama Northern on 10/22/2020.]
July 24, 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.]
July 13, 2020 Opinion or Order 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.]
July 10, 2020 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.]
July 8, 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.]
June 26, 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.]
June 25, 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.]
June 24, 2020 Filing 5 Summons Issued as to Houston McCandless. Sent via certified mail. (KEK) [Transferred from Alabama Northern on 10/22/2020.]
June 19, 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.]
June 18, 2020 Filing 3 Request for service by certified mail filed by KGS Steel Inc. (Lowell, Craig) [Transferred from Alabama Northern on 10/22/2020.]
June 16, 2020 Opinion or Order Filing 2 INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 8/16/2020. (KEK) [Transferred from Alabama Northern on 10/22/2020.]
June 10, 2020 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.]
June 9, 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.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System

Search for this case: KGS Steel Inc v. McCandless et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: KGS Steel Inc
Represented By: David C. Skinner
Represented By: Craig L. Lowell
Represented By: Patrick L. Pantazis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter plaintiff: Houston McCandless
Represented By: Sam David Knight
Represented By: Lance L. Goodson, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
3rd party defendant: Gaston Stein
Represented By: Craig L. Lowell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Bentley Steel Inc
Represented By: John S. Johnson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Randall A Duke
Represented By: Christina R. Lopez
Represented By: Thomas B. Humphries
Represented By: Barry A. Ragsdale
Represented By: Michael G. Abelow
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?