Rival Transport, LLC v. Western Express Inc. et al
| Rival Transport, LLC |
| Western Express Inc., MALCOLM JORRIN-PEREZ, David Nickens and Does 1-10 |
| 3:2021cv00854 |
| November 12, 2021 |
| US District Court for the Middle District of Tennessee |
| Jeffery S Frensley |
| Eli J Richardson |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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Filing 38
ORDER granting #37 Motion to Substitute Attorney. Signed by Magistrate Judge Jeffery S. Frensley on 12/20/2021. (dt)
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| SECOND & FINAL NOTICE TO COUNSEL Sung-Woo Choi: WITHIN 10 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 $150.00 (LR 83.01(b)). PHV due by 12/30/2021. (dt) |
| Filing 37 MOTION to Substitute Attorney by Western Express Inc.. (Speller, Rachel) |
| TN State Bar status verified as active for Rachel Speller admitted to this court. (dt) |
| Filing 36 NOTICE of Appearance by Rachel Speller on behalf of Western Express Inc. (Speller, Rachel) |
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Filing 35
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). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 12/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 34
ORDER: Initial Case Management Conference by Telephone is reset for 1/26/2022 at 10:00 AM. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 12/3/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 33 NOTICE of Initial Case Management Conference by Telephone set for 1/6/2022 at 10:00 AM before Magistrate Judge Jeffery S. Frensley. (dt) |
| CA State Bar status verified as active for Jeffrey N Leader and Sung-Woo Choi not admitted to this court - Local counsel required. (dt) |
| Filing 32 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (dt) |
| Filing 31 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 30 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| CA State Bar status verified as active for Jeffrey N Leader and Sung-Woo Choi not admitted to this court - Local counsel required. (dt) |
| NOTICE TO COUNSEL Jeffrey N Leader, Sung-Woo Choi: 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 $150.00 (LR 83.01(b)). PHV due by 12/7/2021. (dt) |
| NOTICE TO COUNSEL Jeffrey N Leader and Sung-Woo Choi: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 12/7/2021. (dt) |
| Filing 29 Case transferred in from the District of California Central; Case Number 8:21-cv-00665. Original file certified copy of transfer order and docket sheet received. |
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Filing 28
ORDER TRANSFERRING VENUE TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE- NASHVILLE DIVISION #27 by Judge Josephine L. Staton. The Court, having reviewed and considered the Stipulation to Transfer Venue, hereby does Order that this Action be transferred from the United States District Court for the Central District of California to the United States District Court for the Middle District of Tennessee, Nashville Division with each party bearing their own costs and fees relating to this matter. Case transferred electronically. (MD JS-6. Case Terminated.) (iv) [Transferred from California Central on 11/16/2021.]
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| Filing 27 STIPULATION to Transfer Case to United States District Court for the Middle District of Tennessee, Nashville Division filed by Plaintiff Rival Transport, LLC. (Attachments: #1 Proposed Order)(Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
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Filing 26
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE Re Dismissal for Lack of Prosecution by Judge Josephine L. Staton: The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than 11/9/2021, why this action should not be dismissed for lack of prosecution. (See document for further information). (jp) [Transferred from California Central on 11/16/2021.]
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Filing 25
ORDER GRANTING EX PARTE APPLICATION OF SPECIALLY APPEARING DEFENDANTS WESTERN EXPRESS, INC., WESTERN EXPRESS INC., MALCOLM JORRIN-PEREZ AND DAVID NICKENS TO SET ASIDE DEFAULT (FRCP 55(c)) (Doc. #24 ) by Judge Josephine L. Staton that the Default were entered against Specially Appearing Defendants, WESTERN EXPRESS, INC., MALCOLM JORRIN-PEREZ and DAVID NICKENS #19 , all are hereby set aside. Defendants shall file a responsive pleading within fourteen (14) days of this Order. (jp) [Transferred from California Central on 11/16/2021.]
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| Filing 24 EX PARTE APPLICATION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #19 . filed by Specially Appearing Defendants Malcolm Jorrin-Perez, David Nickens, Western Express Inc.. (Attachments: #1 Proposed Order) (Attorney Jeffrey N Leader added to party Malcolm Jorrin-Perez(pty:dft), Attorney Jeffrey N Leader added to party David Nickens(pty:dft), Attorney Jeffrey N Leader added to party Western Express Inc. (pty:dft)) (Leader, Jeffrey) [Transferred from California Central on 11/16/2021.] |
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Filing 23
(IN CHAMBERS) ORDER by Judge Josephine L. Staton: CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION: On September 23, 2021, the Court issued an Order to Show Cause re Dismissal for Lack of Prosecution #21 . On October 1, 2021, Plaintiff filed a Response to the Courts Order #22 and informed the Court that Plaintiffs counsel was contacted by Defendants' counsel which was the reason that the motion for default judgment was not timely filed and that due to personal reasons of Defendants counsel, the parties only recently initiated a meet and confer. The parties are currently working out a schedule for an informal settlement discussion. In light of the Plaintiffs response, the Court hereby continues the deadline to October 15, 2021. No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiffs is due.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY [Transferred from California Central on 11/16/2021.]
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| Filing 22 RESPONSE filed by Plaintiff Rival Transport, LLCto Order to Show Cause, #21 (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
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Filing 21
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE Re Dismissal for Lack of Prosecution by Judge Josephine L. Staton: The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than 10/1/2021, why this action should not be dismissed for lack of prosecution. (See document for further information). (jp) [Transferred from California Central on 11/16/2021.]
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Filing 20
(IN CHAMBERS) ORDER by Judge Josephine L. Staton DISCHARGING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION: On August 10, 2021, the Court issued an Order to show cause why this action should not be dismissed for lack of prosecution #15 . On August 18, 2021, Plaintiff filed a Request for Clerk to Enter Default #18 . Default was subsequently entered. In light of this responsive filing, the Court hereby orders the OSC discharged. *Plaintiff shall file an appropriate Motion for Default Judgment no later than September 17, 2021.* THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY [Transferred from California Central on 11/16/2021.]
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| Filing 19 [DOCUMENT SET ASIDE PER ORDER DATED ON 10/14/2021, SEE DOCKET ENTRY NO. #25 ] - DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendants Western Express Inc., Malcolm Jorrin-Perez, David Nickens. (jp). Modified on 10/14/2021 (jp). [Transferred from California Central on 11/16/2021.] |
| Filing 18 APPLICATION for Clerk to Enter Default Malcolm Jorrin-Perez, David Nickens, Western Express Inc. filed by Plaintiff Rival Transport, LLC. (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Default Judgment #16 . The following error(s) was/were found: (1) Incorrect document is attached to the docket entry. (2) Incorrect event selected. Correct event to be used is: Clerk to Enter Default - under Category - Applications/Ex Parte Applications/Motions/Petitions/Requests. (3) No Default on file. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp) [Transferred from California Central on 11/16/2021.] |
| Filing 16 APPLICATION for Default Judgment filed by Plaintiff Rival Transport, LLC. (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
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Filing 15
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE Re Dismissal for Lack of Prosecution by Judge Josephine L. Staton: The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than 8/17/2021, why this action should not be dismissed for lack of prosecution. (See document for further information). (jp) [Transferred from California Central on 11/16/2021.]
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| Filing 14 PROOF OF SERVICE Executed by Plaintiff Rival Transport, LLC, upon Defendant Malcolm Jorrin-Perez served on 7/12/2021, answer due 8/2/2021. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Rival Transport, LLC, upon Defendant David Nickens served on 7/6/2021, answer due 7/27/2021. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Rival Transport, LLC, upon Plaintiff Western Express Inc. served on 7/6/2021, answer due 7/27/2021. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
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Filing 11
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE Re Dismissal for Lack of Prosecution by Judge Josephine L. Staton: The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than 7/16/2021, why this action should not be dismissed for lack of prosecution. (See document for further information). (jp) [Transferred from California Central on 11/16/2021.]
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| Filing 10 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (mku) [Transferred from California Central on 11/16/2021.] |
| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Application/Motion/Request (Attorney Civil Case Opening) #4 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected of Application/Motion/Request for docket item 4. Counsel has made the correction please see item 5. (car) [Transferred from California Central on 11/16/2021.] |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Malcolm Jorrin-Perez, David Nickens, Western Express Inc. (car) [Transferred from California Central on 11/16/2021.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 11/16/2021.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Autumn D. Spaeth. (car) [Transferred from California Central on 11/16/2021.] |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Rival Transport, LLC. (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
| Filing 4 REQUEST to Issue Summons to Complaint with filing fee previously paid (402 paid on 04/09/21, receipt number ACACDC-31086948), filed by Plaintiff Rival Transport, LLC.(Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Rival Transport, LLC, (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
| Filing 2 CIVIL COVER SHEET filed by Movant Rival Transport, LLC. (Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-31086948 - Fee: $402, filed by Plaintiff Rival Transport, LLC. (Attorney Sung-Woo Choi added to party Rival Transport, LLC(pty:bkmov))(Choi, Sung-Woo) [Transferred from California Central on 11/16/2021.] |
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