Brakebush Transportation Inc v. D&M Carriers LLC
Plaintiff: Brakebush Transportation Inc
Defendant: D&M Carriers LLC d/b/a Freymiller and D&M Carriers LLC doing business as Freymiller
Case Number: 3:2021cv02492
Filed: October 12, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam R Cummings
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Interstate Commerce Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 28, 2022 Opinion or Order Filing 27 ORDER denying #21 Motion to Dismiss. (Ordered by Senior Judge Sam R Cummings on 3/28/2022) (ygl)
February 11, 2022 Filing 26 Brief/Memorandum in Support filed by Brakebush Transportation Inc re #25 Response/Objection to Motion to Dismiss (O'Neil, W)
February 11, 2022 Filing 25 RESPONSE filed by Brakebush Transportation Inc re: #21 MOTION to Dismiss (Attachments: #1 Proposed Order) (O'Neil, W)
February 7, 2022 Opinion or Order Filing 24 ORDER granting #23 Motion to Extend Time to File Response/Reply. Responses due by 2/11/2022. (Ordered by Senior Judge Sam R Cummings on 2/7/2022) (jmg)
February 3, 2022 Filing 23 MOTION for Extension of Time to File Response/Reply to #21 MOTION to Dismiss filed by Brakebush Transportation Inc (Attachments: #1 Proposed Order) (O'Neil, W) Modified text and linkage on 2/7/2022 (jmg).
January 14, 2022 Filing 22 Brief/Memorandum in Support filed by D&M Carriers LLC re #21 Answer to Amended Complaint and MOTION to Dismiss. (Jones, Michael) Modified text on 1/18/2022 (jmg).
January 14, 2022 Filing 21 ANSWER to #14 Amended Complaint and MOTION to Dismiss filed by D&M Carriers LLC. 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. (Jones, Michael) Modified event text on 1/18/2022 (jmg).
January 4, 2022 Filing 20 NOTICE of Attorney Appearance by Michael Barrett Jones on behalf of D&M Carriers LLC. (Filer confirms contact info in ECF is current.) (Jones, Michael)
January 4, 2022 Opinion or Order Filing 19 ORDER granting #18 Unopposed Motion for Extension of Time to File Answer. D&M Carriers LLC answer due by 1/14/2022. (Ordered by Senior Judge Sam R Cummings on 1/4/2022) (oyh)
January 3, 2022 Filing 18 Unopposed Motion for Extension of Time to File Answer filed by D&M Carriers LLC (Attachments: #1 Proposed Order) (Jones, Michael)
December 27, 2021 Opinion or Order Filing 17 ORDER denying as moot 12 Motion to Dismiss. (Ordered by Senior Judge Sam R Cummings on 12/27/2021) (jmg)
December 23, 2021 Filing 16 Brief/Memorandum in Support filed by Brakebush Transportation Inc re #15 Response/Objection (O'Neil, W)
December 23, 2021 Filing 15 RESPONSE filed by Brakebush Transportation Inc re: 12 MOTION to Dismiss (O'Neil, W)
December 23, 2021 Filing 14 AMENDED COMPLAINT against D&M Carriers LLC filed by Brakebush Transportation Inc. 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. (O'Neil, W)
December 7, 2021 Opinion or Order Filing 13 SCHEDULING ORDER: Amended Pleadings due by 4/1/2022. Deadline for mediation is on or before 12/1/2022. Discovery due by 3/13/2023. Joinder of Parties due by 4/1/2022. Motions due by 12/1/2022. Jury Trial set for 4/3/2023 09:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 12/7/2021) (jmg)
December 2, 2021 Filing 12 MOTION to Dismiss filed by D&M Carriers LLC. (See document #9 for image.) (jmg)
December 2, 2021 Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by D&M Carriers LLC. (Jones, Michael)
December 2, 2021 Filing 10 Brief/Memorandum in Support filed by D&M Carriers LLC re #9 Answer to Complaint, and Motion to Dismiss (Attachments: #1 Proposed Order) (Jones, Michael)
December 2, 2021 Filing 9 ANSWER to #1 Complaint filed by D&M Carriers LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Jones, Michael)
November 15, 2021 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to File Answer or Otherwise Respond. D&M Carriers LLC's answer due 12/2/2021. (Ordered by Senior Judge Sam R Cummings on 11/15/2021) (ygl)
November 10, 2021 Filing 7 Unopposed MOTION to Extend Time to file Answer or Otherwise Respond to the Complaint filed by D&M Carriers LLC (Attachments: #1 Proposed Order Proposed Order Granting Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Complaint)Attorney Michael Barrett Jones added to party D&M Carriers LLC(pty:dft) (Jones, Michael) Modified event on 11/15/2021 (ygl).
October 26, 2021 Filing 6 SUMMONS Returned Executed as to D&M Carriers LLC ; served on 10/20/2021. (O'Neil, W)
October 12, 2021 Filing 5 Summons Issued as to D&M Carriers LLC. (ygl)
October 12, 2021 Filing 4 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ygl)
October 12, 2021 Filing 3 Request for Clerk to issue Summons filed by Brakebush Transportation Inc. (O'Neil, W)
October 12, 2021 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brakebush Transportation Inc. (O'Neil, W)
October 12, 2021 Filing 1 COMPLAINT against D&M Carriers LLC filed by Brakebush Transportation Inc. (Filing fee $402; Receipt number 0539-12293265) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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), #2 Cover Sheet) (O'Neil, W)

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Plaintiff: Brakebush Transportation Inc
Represented By: W Sean O'Neil
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Defendant: D&M Carriers LLC d/b/a Freymiller
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Defendant: D&M Carriers LLC doing business as Freymiller
Represented By: Michael Barrett Jones
Represented By: Austin Holland Moorman
Represented By: Kaitlyn Marie McClaine
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