Atkinson v. Plains New Holland, Inc., et al.
| Larry Atkinson |
| Plains New Holland, Inc. and New Holland Agriculture |
| 2:2020cv00109 |
| May 5, 2020 |
| U.S. District Court for the Northern District of Texas |
| Matthew J Kacsmaryk |
| Lee Ann Reno |
| Torts/Pers Prop: Other Fraud |
| 28 U.S.C. § 1442 |
| Defendant |
Docket Report
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This docket was last retrieved on June 18, 2020. A more recent docket listing may be available from PACER.
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Filing 33
ORDER OF DISMISSAL WITH PREJUDICE: Plaintiff's Motion (ECF No. 32) is hereby GRANTED. It is further ORDERED that the above-captioned case is DISMISSED WITH PREJUDICE. All relief not previously granted is DENIED. Each party shall bear its own attorneys' fees, costs, and expenses. (Ordered by Judge Matthew J. Kacsmaryk on 6/18/2020) (awc)
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| Civil Case Terminated. (See doc #32) (nhp) |
| Filing 32 MOTION to Dismiss Case with Prejudice filed by Larry Atkinson (Attachments: #1 Proposed Order Order of Dismissal with Prejudice) (Boyd, Cami Dawson) |
| Filing 31 NOTICE of Attorney Appearance by Cami Dawson L Boyd on behalf of Larry Atkinson. (Filer confirms contact info in ECF is current.) (Boyd, Cami Dawson) |
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Filing 30
ORDER TO PROVIDE DOCUMENTATION OF MEMBERSHIP OR APPLY, DENYING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED WITHOUT LOCAL COUNSEL, AND VACATING ORDER TO SUBMIT JOINT PROPOSED SCHEDULING ORDER AND SETTING RULE 16 SCHEDULING CONFERENCE #29 Motion for Leave to File. (Ordered by Magistrate Judge Lee Ann Reno on 5/29/2020) (nhp)
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| Filing 29 MOTION for Leave to File Motion to Proceed Without Local Counsel filed by Larry Atkinson (Fisher, Vaughn) |
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Filing 28
ORDER TO EFFECT SERVICE OR SHOW GOOD CAUSE: Plaintiff is hereby ORDERED to effect service on Defendant New Holland Agriculture by June 17, 2020, or show good cause in writing for the failure or inability to effect service. (Ordered by Magistrate Judge Lee Ann Reno on 5/27/2020) (nhp)
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Filing 27
ORDER DENYING AS MOOT DEFENDANT'S MOTION FOR LEAVE TO PROCEED WITHOUT LOCAL COUNSEL re: #25 Motion. (Ordered by Magistrate Judge Lee Ann Reno on 5/27/2020) (nhp)
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| Filing 26 NOTICE of Settlement filed by Plains New Holland, Inc. (Jock, Shelly) |
| Filing 25 MOTION Motion for Leave to Proceed Without Local Counsel filed by Plains New Holland, Inc. (Attachments: #1 Proposed Order) (Jock, Shelly) |
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Filing 24
ORDER TO OBTAIN LOCAL COUNSEL: Accordingly, within twenty-one (21) days of this Order, each party who is required to obtain local counsel shall file the entryof appearance of local counsel satisfying the requirements of Local Rule 83.10(a). (Ordered by Magistrate Judge Lee Ann Reno on 5/21/2020) (nhp)
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Filing 23
ORDER TO SUBMIT JOINT PROPOSED SCHEDULING ORDER AND SETTING RULE 16 SCHEDULING CONFERENCE: Joint Proposed Scheduling Order due by 6/17/2020. FRCP 16 Scheduling Conference set for 6/23/2020 11:00 AM in US Courthouse, Courtroom 3rd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. (Ordered by Magistrate Judge Lee Ann Reno on 5/21/2020) (nhp) Modified signing judge and association on 5/22/2020 (daa).
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| Filing 22 NOTICE of Attorney Appearance by Shelly Samantha Jock on behalf of Plains New Holland, Inc.. (Filer confirms contact info in ECF is current.) (Jock, Shelly) |
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Filing 21
STANDING ORDER OF REFERENCE to Magistrate Judge Lee Ann Reno. (Ordered by Judge Matthew J. Kacsmaryk on 5/20/2020) (nhp)
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| Filing 20 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Reno). Clerk to provide copy to plaintiff if not received electronically. (awc) |
| Filing 19 Case electronically transferred in from District of Idaho, Boise - Southern; Case Number 1:19-cv-00444. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 18
ORDER. Defendants' Motion to Dismiss for Lack of Personal Jurisdiction #6 is DENIED. However, the Clerk of the Court is directed to immediately TRANSFER this case to the Northern District of Texas, Amarillo Division. Signed by Judge Bill R Wilson. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) [Transferred from Idaho on 5/5/2020.]
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Filing 17
DOCKET ENTRY ORDER REASSIGNING CASE. This case is reassigned to Judge Bill R Wilson from the Eastern District of Arkansas. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) [Transferred from Idaho on 5/5/2020.]
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| DOCKET ENTRY NOTICE of Case Number Change. This case has been reassigned to Judge Bill R. Wilson. Please use case number 1:19-cv-00444-BRW on all future pleadings. (st) [Transferred from Idaho on 5/5/2020.] |
| Filing 16 The 60 day deadline has expired. Case has been reassigned to a District Judge. No more notice of assignment will be sent out. Consent deadline(s) termed. (jd) [Transferred from Idaho on 5/5/2020.] |
| DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge B. Lynn Winmill for all further proceedings. Judge Candy W. Dale no longer assigned to case. Please use this case number on all future pleadings, 1:19-cv-00444-BLW. (jd) [Transferred from Idaho on 5/5/2020.] |
| Filing 15 Docket entry only - CONSENT to Magistrate Judge filed. (jd) [Transferred from Idaho on 5/5/2020.] |
| Filing 14 REPLY to Response to Motion re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Plains New Holland, Inc..Motion Ripe Deadline set for 2/13/2020.(Morgan, Cody) [Transferred from Idaho on 5/5/2020.] |
| Filing 13 RESPONSE to Motion re #6 MOTION to Dismiss for Lack of Jurisdiction filed by Larry Atkinson. Replies due by 2/19/2020. (Attachments: #1 Affidavit Declaration of Larry Atkinson, #2 Affidavit Declaration of Christopher Atkinson)(Brown, Christopher) [Transferred from Idaho on 5/5/2020.] |
| Filing 12 Docket entry only - CONSENT to Magistrate Judge filed. (jd) [Transferred from Idaho on 5/5/2020.] |
| Filing 11 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Larry Atkinson, Plains New Holland, Inc. re #1 Notice of Removal, Consent/Objection to Magistrate due by 3/30/2020. (jd) [Transferred from Idaho on 5/5/2020.] |
| Filing 10 NOTICE by Larry Atkinson Notice of Firm Name Change (Fisher, Vaughn) [Transferred from Idaho on 5/5/2020.] |
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Filing 9
ORDER GRANTING STIPULATION AND REQUEST TO EXTEND TIME FOR RESPONSE TO PENDING MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (DKT. #8 ) - IT IS HEREBY ORDERED that the Motion to Extend Time (Dkt. #8 ) is GRANTED. Plaintiffs response to Defendants Motion to Dismiss (Dkt. #6 ) is extended to February 5, 2020. Defendants reply brief will be due February 12, 2020. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) [Transferred from Idaho on 5/5/2020.]
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| Set/Reset Deadlines as to #6 MOTION to Dismiss for Lack of Jurisdiction . Plaintiff's response due by 2/5/2020. Defendants reply due by 2/12/2020. (jd) [Transferred from Idaho on 5/5/2020.] |
| Filing 8 STIPULATION and Request to Extend Time for Response to Pending Motion to Dismiss for Lack of Personal Jurisdiction by Plains New Holland, Inc.. (Stubbs, Richard) [Transferred from Idaho on 5/5/2020.] |
| Filing 7 Summons Issued as to Plains New Holland, Inc.. (Print attached Summons for service.) (jd) [Transferred from Idaho on 5/5/2020.] |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction Richard L Stubbs appearing for Defendant Plains New Holland, Inc.. Responses due by 12/18/2019 (Attachments: #1 Memorandum in Support)(Stubbs, Richard) [Transferred from Idaho on 5/5/2020.] |
| Filing 5 ERRATA by Defendant Plains New Holland, Inc. re Corrective Entry - Notice of Removal, State Court Docket Sheet, #3 Supplement . (Stubbs, Richard) (jd). [Transferred from Idaho on 5/5/2020.] |
| Filing 4 Civil Cover Sheet re Corrective Entry - Notice of Removal,, #3 Supplement filed by Plains New Holland, Inc.. (Stubbs, Richard) [Transferred from Idaho on 5/5/2020.] |
| CORRECTIVE ENTRY - The entry docket number #1 Notice of Removal, filed by Plains New Holland, Inc. and #3 Supplement filed by Plains New Holland, Inc. are filed incorrectly in this case. All state court documents shall be individual attachments to the Notice of Removal and specifically labeled. Please include the state court docket sheet, service documents, any answers and any pending motions. Please also file a civil cover sheet (JS44). The filing party shall re-submit their correct filings as an errata.(jd) [Transferred from Idaho on 5/5/2020.] |
| Filing 3 SUPPLEMENT by Defendant Plains New Holland, Inc. Notice of Removal. (Attachments: #1 Exhibit 1, State court complaint #2 Exhibit 2, Letter for settlement #3 Exhibit 3, Notice of Removal)(Stubbs, Richard) Modified on 12/3/2019, to label exhibits (jd). [Transferred from Idaho on 5/5/2020.] |
| Filing 2 Corporate Disclosure Statement by New Holland Agriculture. (Stubbs, Richard) [Transferred from Idaho on 5/5/2020.] |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Gem County District Court, case number CV23-19-0804.(Filing fee $400 receipt number0976-1970809.), filed by Plains New Holland, Inc.(Stubbs, Richard) Modified on 11/18/2019 to edit text (jp). [Transferred from Idaho on 5/5/2020.] |
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