EXPRESS SERVICES, INC. v. COOPER CONTAINER CORPORATION et al
Plaintiff: EXPRESS SERVICES, INC.
Defendant: COOPER CONTAINER CORPORATION, WELCH PACKING GROUP, INC., KIRBY CONTAINERS, INC. d/b/a COOPER CONTAINER CORPORATION II and KIRBY CONTAINERS, INC. doing business as COOPER CONTAINER CORPORATION II
Case Number: 1:2023cv01278
Filed: December 22, 2023
Court: US District Court for the Western District of Tennessee
Presiding Judge: J Daniel Breen
Referring Judge: Jon A York
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 19, 2024 Filing 22 NOTICE of Appearance by Jack Heflin on behalf of COOPER CONTAINER CORPORATION, KIRBY CONTAINERS, INC. (Heflin, Jack)
February 13, 2024 Opinion or Order Filing 21 TEXT ORDER granting #20 Joint MOTION to Continue Scheduling Conference, proposed order submitted, filed by WELCH PACKING GROUP, INC..Scheduling Conference set for 3/25/2024 10:00 AM before Magistrate Judge Jon A. York. Please see previous Setting Letter 17 for instructions. Signed by Magistrate Judge Jon A. York on 2/13/2024. Note: text only, no image associated with document. (ars)
February 13, 2024 Filing 20 Joint MOTION to Continue Scheduling Conference, proposed order submitted, by WELCH PACKING GROUP, INC.. (Clark, Ryan)
February 12, 2024 Filing 19 NOTICE of Appearance by Daniel Hays, I on behalf of EXPRESS SERVICES, INC. (Hays, Daniel)
February 12, 2024 Filing 18 NOTICE of Appearance by Russell Charles Lissuzzo, III on behalf of EXPRESS SERVICES, INC. (Lissuzzo, Russell)
February 7, 2024 Filing 17 SETTING LETTER: TELEPHONIC Scheduling Conference set for 3/21/2024 9:45 AM CT before Magistrate Judge Jon A. York. Please email the proposed joint scheduling order in the original Word format to ECF_Judge_York@tnwd.uscourts.gov one week prior to the scheduling conference. A phone number will be emailed to counsel prior to the hearing date.If you are unable to appear at this time, or if you need to make alternative arrangements, please contact the Judge's Case Manager at 731-421-9275 so we may reschedule. Please agree on a date and time with the opposing counsel before calling to facilitate the new date. ** REMINDER: FRCP 26(f) requires a 26(f) meeting to be held at least 21 days before a scheduling conference and the Rule 26(f) report to be filed with the court at least fourteen days before the scheduling conference. This case has been assigned to the Standard track. Please use the Standard Track Rule 16(b) Scheduling Order at # https://www.tnwd.uscourts.gov/sites/tnwd/files/LR162_Standard_0.doc. Counsel should review the Court's new ADR plan, file a Stipulation, and be prepared to report the name of a mediator to the Court during the Scheduling Conference. If the parties cannot agree upon a mediator one will be appointed by the Court after the scheduling conference.PLEASE NOTE: All attorneys who wish to participate in the Scheduling Conference MUST have filed a Notice of Appearance with the Court PRIOR to the date of the Conference and have full knowledge of the case. Note: Text only (ars)
February 7, 2024 Filing 16 Corporate Disclosure Statement by COOPER CONTAINER CORPORATION, KIRBY CONTAINERS, INC.. (Culpepper, Lewis)
February 7, 2024 Filing 15 ANSWER to #1 Complaint by COOPER CONTAINER CORPORATION, KIRBY CONTAINERS, INC..(Culpepper, Lewis)
January 29, 2024 Opinion or Order Filing 14 ORDER GRANTING PLAINTIFF'S #8 MOTION FOR PRO HAC VICE ADMISSION OF ATTORNEY RUSSELL C. LISSUZZO, III. Signed by Judge J. Daniel Breen on 1/29/24. (mbm)
January 29, 2024 Opinion or Order Filing 13 ORDER GRANTING PLAINTIFF'S #7 MOTION FOR PRO HAC VICE ADMISSION OF ATTORNEY DAN C. HAYS. Signed by Judge J. Daniel Breen on 1/29/24. (mbm)
January 24, 2024 Opinion or Order Filing 12 ORDER GRANTING UNOPPOSED #11 MOTION OF DEFENDANT WELCH PACKAGING GROUP, INC., TO CONTINUE RESPONSIVE PLEADING DEADLINE. Signed by Judge J. Daniel Breen on 1/24/24. (mbm)
January 24, 2024 Filing 11 Consent MOTION to Continue Responsive Pleading Deadline, proposed order submitted by WELCH PACKING GROUP, INC.. (Clark, Ryan)
January 23, 2024 Filing 10 Corporate Disclosure Statement by WELCH PACKING GROUP, INC.. (Clark, Ryan)
January 23, 2024 Filing 9 NOTICE of Appearance by Ryan Nelson Clark on behalf of WELCH PACKING GROUP, INC. (Clark, Ryan)
January 19, 2024 Filing 8 MOTION for Leave to Appear Pro Hac Vice (Proposed Order Submitted) (Filing fee $ 150 receipt number ATNWDC-4322816) by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wooten, William)
January 19, 2024 Filing 7 MOTION for Leave to Appear Pro Hac Vice (Proposed Order Submitted) (Filing fee $ 150 receipt number ATNWDC-4322784) by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wooten, William)
December 26, 2023 Filing 6 Summons Issued as to COOPER CONTAINER CORPORATION, KIRBY CONTAINERS, INC. d/b/a COOPER CONTAINER CORPORATION II, WELCH PACKING GROUP, INC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Summons Kirby Containers, #2 Summons Welch Packing)(gkp)
December 22, 2023 Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (gkp)
December 22, 2023 Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (gkp)
December 22, 2023 Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (gkp)
December 22, 2023 Filing 2 Judge J. Daniel Breen and Magistrate Judge Jon A. York added. (gkp)
December 22, 2023 Filing 1 COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATNWDC-4307153), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Wooten, William)

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Plaintiff: EXPRESS SERVICES, INC.
Represented By: William A. Wooten
Represented By: Daniel Hays, I
Represented By: Russell Charles Lissuzzo, III
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Defendant: COOPER CONTAINER CORPORATION
Represented By: Jack Heflin
Represented By: Lewis Clayton Culpepper, III
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Defendant: WELCH PACKING GROUP, INC.
Represented By: Ryan Nelson Clark
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Defendant: KIRBY CONTAINERS, INC. d/b/a COOPER CONTAINER CORPORATION II
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Defendant: KIRBY CONTAINERS, INC. doing business as COOPER CONTAINER CORPORATION II
Represented By: Jack Heflin
Represented By: Lewis Clayton Culpepper, III
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