Brashear v. Panini America Inc
Plaintiff: Kevin B Brashear and Christopher S. Kitchen
Defendant: Panini America Inc
Case Number: 3:2019cv00201
Filed: January 25, 2019
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam A Lindsay
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 21, 2020 Opinion or Order Filing 25 JUDGMENT (Ordered by Judge Sam A. Lindsay on 5/21/2020) (chmb)
May 21, 2020 Opinion or Order Filing 24 MEMORANDUM OPINION AND ORDER granting #15 Defendant's Motion to Dismiss under Rule 12(b)(1); dismissing without prejudice action for lack of subject matter jurisdiction; denying #21 Plaintiffs' request to conduct jurisdictional discovery; and denying as moot #15 Defendant's Motion to Dismiss under Rule 12(b)(6). (Ordered by Judge Sam A. Lindsay on 5/21/2020) (chmb)
June 13, 2019 Opinion or Order Filing 23 ORDER denying without prejudice #17 Motion to Certify Class; denying as moot #20 Unopposed Motion to Stay Class Certification Briefing. After the court rules on Panini's motion to dismiss, Plaintiffs may refile their Motion to Certify. (Ordered by Judge Sam A Lindsay on 6/13/2019) (aaa)
May 28, 2019 Filing 22 REPLY filed by Panini America Inc re: #15 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support (Unis, Joseph)
May 13, 2019 Filing 21 RESPONSE filed by Kevin B Brashear re: #15 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support (Bickford, Scott)
April 26, 2019 Filing 20 Unopposed MOTION to Stay re #17 MOTION to Certify Class filed by Panini America Inc (Attachments: #1 Proposed Order) (McDougal, Matthew)
April 23, 2019 Filing 19 Appendix in Support filed by Kevin B Brashear, Christopher S. Kitchen re #18 Brief/Memorandum in Support of Motion, #17 MOTION to Certify Class (Bickford, Scott)
April 23, 2019 Filing 18 Brief/Memorandum in Support filed by Kevin B Brashear, Christopher S. Kitchen re #17 MOTION to Certify Class (Bickford, Scott)
April 23, 2019 Filing 17 MOTION to Certify Class filed by Kevin B Brashear, Christopher S. Kitchen (Bickford, Scott)
April 22, 2019 Filing 16 Appendix in Support filed by Panini America Inc re #15 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support (Attachments: #1 Exhibit(s) Exs. 1 and 2) (Unis, Joseph)
April 22, 2019 Filing 15 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support filed by Panini America Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Unis, Joseph)
April 9, 2019 Opinion or Order Filing 14 ORDER: #7 Motion to Dismiss is denied as moot in light of the First Amended Complaint. (Ordered by Judge Sam A Lindsay on 4/9/2019) (svc)
April 8, 2019 Filing 13 AMENDED COMPLAINT WITH JURY DEMAND against Panini America Inc filed by Kevin B Brashear, Christopher S. Kitchen. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Bickford, Scott)
April 4, 2019 Opinion or Order Filing 12 ORDER: #9 Motion for Leave to File is granted, but only to the extent that any amended complaint filed must comply with this order and Denied to the extent that Plaintiff requests to file the proposed First Amended and Supplemental Complaint to Complaint - Class Action attached to his Motion for Leave. #11 Motion for Clarification is Granted and clarifies that Plaintiff may file an amended complaint by 5 p.m. on April 8, 2019. (Ordered by Judge Sam A Lindsay on 4/4/2019) (svc)
April 2, 2019 Filing 11 MOTION Motion for Clarification filed by Panini America Inc (Attachments: #1 Exhibit(s) 1) (Unis, Joseph)
March 29, 2019 Filing 10 OBJECTION filed by Kevin B Brashear, Christopher S. Kitchen re: #7 MOTION to Dismiss and Brief in Support (Attachments: #1 Exhibit(s) A) (Bickford, Scott)
March 29, 2019 Filing 9 MOTION for Leave to File First Amended and Supplemental Complaint filed by Kevin B Brashear, Christopher S. Kitchen (Attachments: #1 First Amended & Supplemental Complaint). Party Christopher S. Kitchen added.Attorney Scott R Bickford added to party Christopher S. Kitchen(pty:pla) (Bickford, Scott)
March 8, 2019 Filing 8 Appendix in Support filed by Panini America Inc re #7 MOTION to Dismiss and Brief in Support (Attachments: #1 Exhibit(s) Exs. 1 and 2) (Unis, Joseph)
March 8, 2019 Filing 7 MOTION to Dismiss and Brief in Support filed by Panini America Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Joseph A Unis, Jr added to party Panini America Inc(pty:dft) (Unis, Joseph)
February 15, 2019 Filing 6 WAIVER OF SERVICE Returned Executed as to Panini America Inc. Waiver sent on 2/12/2019. (Bickford, Scott) Modified waiver sent date on 2/20/2019 (zkc).
February 11, 2019 Filing 5 ***Please Disregard per Attorney - Filed in error*** SUMMONS Returned Executed as to Panini America Inc.; served on 1/31/2019. (Attachments: #1 Executed Certified Mail Green Card) (Bickford, Scott) Modified name of entity served on 2/11/2019 (dsr). Modified on 2/15/2019 (axm).
January 25, 2019 Filing 4 Summons Issued as to Panini America Inc. (ala)
January 25, 2019 Filing 3 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ala)
January 25, 2019 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kevin B. Brashear. (Bickford, Scott)
January 25, 2019 Filing 1 COMPLAINT WITH JURY DEMAND against Panini America Inc filed by Kevin B. Brashear. (Filing fee $400; Receipt number 0539-9733512) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Cover Sheet, #6 Summons) (Bickford, Scott)
January 25, 2019 Case Reassigned to Judge Sam A Lindsay. Senior Judge A. Joe Fish no longer assigned to the case pursuant to Special Order 3. (ala)

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Plaintiff: Kevin B Brashear
Represented By: Scott R Bickford
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Plaintiff: Christopher S. Kitchen
Represented By: Scott R Bickford
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Defendant: Panini America Inc
Represented By: Charles E Phipps
Represented By: Joseph A Unis, Jr
Represented By: Matthew Laurence McDougal
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