First et al v. AGCO Corporation et al
| John Craig First, First Farms and Trucking LLC, Craig First and Lacey First |
| AmTrust Financial Services, AGCO Corporation, AGCO Service, Wesco Insurance Company, Rolling Plains Implement Company Inc, AMT Warranty Corp and AGCO Finance LLC |
| 7:2021cv00006 |
| January 26, 2021 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Torts/Pers Prop: Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 106
ORDER: In light of the overlapping arguments and in order to more efficiently resolve the issues presented, the Court ORDERS expedited briefing on the motions. Plaintiffs SHALL file a consolidated response on or before April 21, 2021, and Defendants AmTrust, AMT Warranty Corp., and Wesco Insurance Company SHALL file a consolidated reply on or before April 27, 2021. (Ordered by Judge Reed C. O'Connor on 4/13/2021) (bdb)
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Filing 105
REPLY filed by AGCO Corporation, AGCO Service re: #79 Motion to Dismiss for Failure to State a Claim (Carroll, Steven)
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Filing 104
Appendix in Support filed by Wesco Insurance Company re #101 MOTION to Dismiss Plaintiff's Amended Complaint (Williams, James)
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Filing 103
Appendix in Support filed by AMT Warranty Corp re #100 MOTION to Dismiss Plaintiff's Amended Complaint (Williams, James)
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Filing 102
Appendix in Support filed by AmTrust Financial Services re #99 MOTION to Dismiss Plaintiff's Amended Complaint (Williams, James)
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Filing 101
MOTION to Dismiss Plaintiff's Amended Complaint filed by Wesco Insurance Company with Brief/Memorandum in Support. (Williams, James)
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Filing 100
MOTION to Dismiss Plaintiff's Amended Complaint filed by AMT Warranty Corp with Brief/Memorandum in Support. (Williams, James)
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Filing 99
MOTION to Dismiss Plaintiff's Amended Complaint filed by AmTrust Financial Services with Brief/Memorandum in Support. (Williams, James)
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Filing 98
REPLY filed by Rolling Plains Implement Company Inc re: #78 MOTION to Dismiss (Murphy, Christopher)
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Filing 97
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AGCO Finance LLC identifying Corporate Parent/Other Affiliate AGCO Corporation for AGCO Finance LLC. (Vogt, James) (Main Document 97 replaced to flatten image on 4/5/2021) (dsr).
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Filing 96
REPLY filed by AGCO Finance LLC re: #58 Motion to Dismiss for Failure to State a Claim (Vogt, James)
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Filing 95
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning March 14, 2022. Joinder of Parties due by 6/1/2021. Amended Pleadings due by 6/1/2021. Motions due by 11/15/2021. Deadline for mediation is on or before 9/15/2021. Discovery due by 10/15/2021. Pretrial Order due by 2/17/2022. (Ordered by Judge Reed C. O'Connor on 3/31/2021) (bdb)
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Filing 94
Joint STATUS REPORT with consent and approval of all parties filed by John Craig First(Individually). (Acquaviva, Joseph)
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Filing 93
ORDER: On March 9, 2021, the Court granted Defendants' Motion to Substitute Counsel (ECF No. #62 ). See ECF No. #66 . The Clerk of Court is DIRECTED to terminate Defendants Wesco Insurance Company and AMT Warranty Corp's attorneys Cary E. Hiltgen and Jeff C. Grotta with the law firm of Hiltgen & Brewer, P.C. and designate attorney James L. Williams, Jr. with the law firm of Williams, McClure & Parmelee, 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112, phone number 817-335-8800, fax number 817-335-4505 and email address Williams@texasdefensecounsel.com, as attorney in charge for Defendants Westco Insurance Company and AMT Warranty Corp. (Ordered by Judge Reed C. O'Connor on 3/29/2021) (tln)
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Filing 92
Appendix in Support filed by John Craig First(Individually) re #79 Motion to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint (Acquaviva, Joseph)
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Filing 91
RESPONSE filed by John Craig First(Individually) re: #79 Motion to Dismiss for Failure to State a Claim (Acquaviva, Joseph)
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Filing 90
Appendix in Support filed by John Craig First(Individually) re #78 MOTION to Dismiss Plaintiff's Amended Complaint [DOC 55] (Acquaviva, Joseph)
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Filing 89
OBJECTION filed by John Craig First(Individually) re: #78 MOTION to Dismiss (Acquaviva, Joseph)
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Filing 88
ANSWER to #55 Amended Complaint, filed by Wesco Insurance Company. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Williams, James)
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Filing 87
ANSWER to #55 Amended Complaint, filed by AMT Warranty Corp. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Williams, James)
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Filing 86
ANSWER to Complaint filed by AmTrust Financial Services. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Williams, James)
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Filing 85
ORDER granting #84 Motion for Extension of Time to File Answer. AMT Warranty Corp, AmTrust Financial Services, and Wesco Insurance Company answer due 3/26/2021. (Ordered by Judge Reed C. O'Connor on 3/22/2021) (tln)
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Filing 84
Unopposed Motion for Extension of Time to File Answer filed by AMT Warranty Corp, AmTrust Financial Services, Wesco Insurance Company (Williams, James)
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Filing 83
Appendix in Support filed by John Craig First(Individually) re #82 Response/Objection to AGCO Finance LLC's Motion to Dismiss [DOC 58] (Acquaviva, Joseph)
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Filing 82
RESPONSE filed by John Craig First(Individually) re: #58 Motion to Dismiss for Failure to State a Claim (Acquaviva, Joseph)
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Filing 81
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rolling Plains Implement Company Inc. (Murphy, Christopher)
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Filing 80
Appendix in Support filed by AGCO Corporation, AGCO Service re #79 Motion to Dismiss for Failure to State a Claim (Carroll, Steven)
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Filing 79
Motion to Dismiss for Failure to State a Claim filed by AGCO Corporation, AGCO Service with Brief/Memorandum in Support. (Carroll, Steven)
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Filing 78
MOTION to Dismiss filed by Rolling Plains Implement Company Inc with Brief/Memorandum in Support. (Murphy, Christopher)
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Filing 77
ELECTRONIC ORDER granting #73 Application for Admission Pro Hac Vice of Jeffrey L. Mapen. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/9/2021) (chmb)
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Filing 76
ELECTRONIC ORDER granting #72 Application for Admission Pro Hac Vice of Brandon P. Wilson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/9/2021) (chmb)
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Filing 75
ELECTRONIC ORDER granting #71 Application for Admission Pro Hac Vice of Clinton D. Whitworth. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/9/2021) (chmb)
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Filing 74
ELECTRONIC ORDER granting #70 Application for Admission Pro Hac Vice of Christopher M. Murphy. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/9/2021) (chmb)
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Filing 73
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11676439) filed by AGCO Corporation, AGCO Service (Attachments: #1 Additional Page(s) List of Court Admissions, #2 Additional Page(s) Certificate of Good Standing (Georgia))Attorney Jeffrey L Mapen added to party AGCO Corporation(pty:dft), Attorney Jeffrey L Mapen added to party AGCO Service(pty:dft) (Mapen, Jeffrey)
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Filing 72
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brandon P. Wilson (Filing fee $100; Receipt number 0539-11676126) filed by Rolling Plains Implement Company Inc (Attachments: #1 Proposed Order for Admission Pro Hac Vice) (Biles, C)
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Filing 71
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Clinton D. Whitworth (Filing fee $100; Receipt number 0539-11676080) filed by Rolling Plains Implement Company Inc (Attachments: #1 Proposed Order for Admission Pro Hac Vice) (Biles, C)
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Filing 70
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Christopher M. Murphy (Filing fee $100; Receipt number 0539-11676038) filed by Rolling Plains Implement Company Inc (Attachments: #1 Proposed Order for Admission Pro Hac Vice) (Biles, C)
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Filing 69
Order Unfiling #65 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brandon P. Wilson (Filing fee $100; Receipt number 0539-11674291) filed by Rolling Plains Implement Company Inc due to the following deficiency: The attorney failed to attach to his application an original certificate of good standing issued within the past 90 days from the attorney licensing authority in a state in which you are admitted to practice (e.g., State Bar of Texas). (Ordered by Judge Reed C. O'Connor on 3/9/2021) (trt)
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Filing 68
Order Unfiling #63 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Christopher M. Murphy (Filing fee $100; Receipt number 0539-11674237) filed by Rolling Plains Implement Company Inc due to the following deficiency: The attorney failed to attach to his application an original certificate of good standing issued within the past 90 days from the attorney licensing authority in a state in which you are admitted to practice (e.g., State Bar of Texas). (Ordered by Judge Reed C. O'Connor on 3/9/2021) (trt)
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Filing 67
Order Unfiling #64 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Clinton D. Whitworth (Filing fee $100; Receipt number 0539-11674262) filed by Rolling Plains Implement Company Inc due to the following deficiency: The attorney failed to attach to his application an original certificate of good standing issued within the past 90 days from the attorney licensing authority in a state in which you are admitted to practice (e.g., State Bar of Texas). (Ordered by Judge Reed C. O'Connor on 3/9/2021) (trt)
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Filing 66
ORDER granting #62 Motion to Substitute Attorney. (Ordered by Judge Reed C. O'Connor on 3/9/2021) (trt)
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Filing 65
***UNFILED PER #69 ORDER***Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brandon P. Wilson (Filing fee $100; Receipt number 0539-11674291) filed by Rolling Plains Implement Company Inc (Attachments: #1 Proposed Order for Admission Pro Hac Vice) (Biles, C) Modified text on 3/9/2021 (trt).
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Filing 64
***UNFILED PER #67 ORDER*** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Clinton D. Whitworth (Filing fee $100; Receipt number 0539-11674262) filed by Rolling Plains Implement Company Inc (Attachments: #1 Proposed Order for Admission Pro Hac Vice) (Biles, C) Modified text on 3/9/2021 (trt).
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Filing 63
***UNFILED PER #68 ORDER*** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Christopher M. Murphy (Filing fee $100; Receipt number 0539-11674237) filed by Rolling Plains Implement Company Inc (Attachments: #1 Proposed Order for Admission Pro Hac Vice)Attorney C Dunham Biles added to party Rolling Plains Implement Company Inc(pty:dft) (Biles, C) Modified text on 3/9/2021 (trt).
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Filing 62
Unopposed MOTION to Substitute Attorney, added attorney James L Williams, Jr,James L Williams, Jr for AmTrust Financial Services,James L Williams, Jr for AMT Warranty Corp,James L Williams, Jr for Wesco Insurance Company. Motion filed by AmTrust Financial Services, AMT Warranty Corp, Wesco Insurance Company (Attachments: #1 Proposed Order)Attorney James L Williams, Jr added to party AMT Warranty Corp(pty:dft), Attorney James L Williams, Jr added to party AmTrust Financial Services(pty:dft), Attorney James L Williams, Jr added to party Wesco Insurance Company(pty:dft) (Williams, James)
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Filing 61
NOTICE of Attorney Appearance by Christopher J Jameson, Jr on behalf of AGCO Finance LLC. (Filer will update contact info in ECF.) (Jameson, Christopher)
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Filing 60
ORDER granting #57 Motion to Substitute Attorney. (Ordered by Judge Reed C. O'Connor on 3/3/2021) (trt)
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Filing 59
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report due by 3/31/2021. (Ordered by Judge Reed C. O'Connor on 3/3/2021) (trt)
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Filing 58
Motion to Dismiss for Failure to State a Claim filed by AGCO Finance LLC with Brief/Memorandum in Support. (Vogt, James)
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Filing 57
MOTION to Substitute Attorney, added attorney Matthew D Anderson,Matthew D Anderson for AGCO Service,Matthew D Anderson for AGCO Corporation. Motion filed by AGCO Service, AGCO Corporation (Attachments: #1 Proposed Order Order on Motion to Substitute Counsel)Attorney Matthew D Anderson added to party AGCO Corporation(pty:dft), Attorney Matthew D Anderson added to party AGCO Service(pty:dft) (Anderson, Matthew)
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Filing 56
ELECTRONIC ORDER granting #54 Application for Admission Pro Hac Vice of Jake Carroll. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 2/17/2021) (chmb)
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Filing 55
AMENDED COMPLAINT WITH JURY DEMAND Plaintiff John Craig First against All Defendants filed by John Craig First(Individually). 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. (Acquaviva, Joseph)
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Filing 54
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11609240) filed by AGCO Corporation, AGCO Service (Attachments: #1 Exhibit(s) Certificate of Good Standing from The Florida Bar) (Carroll, Steven)
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Filing 53
ELECTRONIC ORDER granting #51 Application for Admission Pro Hac Vice of Joseph T. Acquaviva, Jr.. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 2/12/2021) (chmb)
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Filing 52
ELECTRONIC ORDER granting #50 Application for Admission Pro Hac Vice of Kevin T Bennett. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 2/12/2021) (chmb)
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Filing 51
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11600357) filed by John Craig First(Individually), John Craig First(as Husband and Wife), Lacey First(as Husband and Wife), Lacey First(Individually), First Farms and Trucking LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Acquaviva, Joseph)
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Filing 50
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11600121) filed by John Craig First(Individually) (Attachments: #1 Cert of Good Standing) (Bennett, Kevin)
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Filing 49
ORDER: The Court DIRECTS the clerk of court to strike the Court's Order Requiring Scheduling Conference (ECF No. 46), filed January 26, 2021, absolving the parties of the deadlines set forth in the order, and ORDERS Plaintiff to file his Amended Complaint on or before February 16, 2021. (See Order for further specifics.) (Ordered by Judge Reed C. O'Connor on 2/2/2021) (trt)
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Filing 48
First STATUS REPORT filed by AGCO Finance LLC. (Vogt, James)
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Filing 47
ORDER. Accordingly, the Court DIRECTS the parties to file a joint status report on or before February 2, 2021, detailing the remaining claims and parties before the Court in this matter. (Ordered by Judge Reed C. O'Connor on 1/28/2021) (trt)
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Filing 46
***STRICKEN BY #49 ORDER***ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report due by 2/23/2021. (Ordered by Judge Reed C. O'Connor on 1/26/2021) (trt) Modified text on 2/2/2021 (trt).
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Filing 45
New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ray). Clerk to provide copy to plaintiff if not received electronically. (trt)
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Filing 44
Case electronically transferred in from District of Oklahoma Western; Case Number 5:20-cv-01104. 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 43
ORDER: #17 Motion to Dismiss; #21 Motion to Dismiss; #22 Motion to Dismiss; #23 Motion to Dismiss; #24 Motion to Dismiss; and #25 Motion to Dismiss should be and are GRANTED and plaintiffs' claims are dismissed. As some or all of the pleading deficiencies are remediable by amendment, plaintiffs are granted leave to file an amended complaint within 21 days. Further, pursuant to the granting of the Rolling Plains motion, this case is TRANSFERRED to the U.S. District Court for the Northern District of Texas for all further proceedings.Signed by Honorable Joe Heaton on 01/26/2021. (knt) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 42
REPLY to Response to Motion re #25 MOTION to Dismiss and Incorporated Brief in Support filed by AGCO Corporation, AGCO Service. (Lane, Patrick) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 41
NOTICE of Change of Address by Jake Carroll (Carroll, Jake) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 40
REPLY to Response to Motion re #24 MOTION to Dismiss filed by AMT Warranty Corp. (Grotta, Jeff) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 39
REPLY to Response to Motion re #23 MOTION to Dismiss filed by Wesco Insurance Company. (Grotta, Jeff) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 38
REPLY to Response to Motion re #22 MOTION to Dismiss filed by AmTrust Financial Services. (Grotta, Jeff) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 37
REPLY by Defendant Rolling Plains Implement Company Inc re #30 Response to Motion,, filed by Rolling Plains Implement Company Inc. (Murphy, Christopher) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 36
RESPONSE to Motion re #25 MOTION to Dismiss and Incorporated Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit Cert Preowned Equip, #2 Exhibit Okla Cert of Reinst First Farms, #3 Exhibit BMC 2011 Repair Invoice, #4 Exhibit BMC 2012 Repair Invoice, #5 Exhibit Prot Plan 2016, #6 Exhibit AGCO Agrmt Ins, #7 Exhibit BMC Repair Aug 2019)(Acquaviva, Joseph) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 35
RESPONSE to Motion re #24 MOTION to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit 2017 SEC 10K excerpts, #2 Exhibit Okla Cert of Reinst First Farms, #3 Exhibit BMC 2011 Repair Invoice, #4 Exhibit BMC 2012 Repair Invoice, #5 Exhibit Prot Plan 2016, #6 Exhibit April 2019 legible, #7 Exhibit AGCO Agmt Ins, #8 Exhibit BMC Repair Aug 2019)(Acquaviva, Joseph) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 34
RESPONSE to Motion re #22 MOTION to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit Okla Cert of Reinst First Farms, #2 Exhibit BMC 2011 Invoice, #3 Exhibit BMC 2012 Invoice, #4 Exhibit AGCO Prot Plan 2016, #5 Exhibit AGCO April 2019 legible, #6 Exhibit AGCO Agrmt Ins, #7 Exhibit BMC Repair Aug 2019)(Acquaviva, Joseph) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 33
RESPONSE to Motion re #23 MOTION to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit Okla Cert of Reinst First Farms, #2 Exhibit BMC 2011 Invoice, #3 Exhibit BMC 2012 Invoice, #4 Exhibit AGCO Prot Plan 2016, #5 Exhibit AGCO April 2019 legible, #6 Exhibit AGCO Agrmt Ins, #7 Exhibit BMC Repair Aug 2019)(Acquaviva, Joseph) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 32
DISCLOSURE STATEMENT - CORPORATE by AGCO Corporation . (Lane, Patrick) (Main Document 32 replaced on 12/4/2020 to correct filing error.) (knt). [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 31
ENTRY of Appearance by Lisa A Robertson on behalf of AGCO Finance LLC (Robertson, Lisa) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 30
RESPONSE to Motion re #21 MOTION to Dismiss and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit BMC 2011 Invoice, #2 Exhibit BMC 2012 Invoice, #3 Exhibit AGCO 2016 hours, #4 Exhibit AGCO April 2019 legible, #5 Exhibit AGCO Agreement Ins, #6 Exhibit Insurance Binder AGCO, #7 Exhibit BMC Repair Aug 2019, #8 Exhibit Okla Cert of Reinst First Farms, #9 Exhibit Affidavit Craig First, #10 Exhibit Service obtained in Okc, #11 Exhibit ODI 2019 Rpt Wesco, #12 Exhibit Wesco AmTrust Ins, #13 Exhibit AmTrust locations)(Acquaviva, Joseph) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 29
NOTICE of Change of Address by Kevin T Bennett (Bennett, Kevin) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 28
DEMAND for Trial by Jury by All Plaintiffs. (Acquaviva, Joseph) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 27
REPLY to Response to Motion re #17 MOTION to Dismiss filed by AGCO Finance LLC. (Vogt, James) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 26
RESPONSE to Motion re #17 MOTION to Dismiss filed by All Plaintiffs. (Acquaviva, Joseph) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 25
MOTION to Dismiss and Incorporated Brief in Support by AGCO Corporation, AGCO Service. (Attachments: #1 Exhibit Certificate of OK SOS)(Carroll, Jake) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 24
MOTION to Dismiss by AMT Warranty Corp. (Attachments: #1 Exhibit Service Contract, #2 Exhibit OK-SOS First Farms)(Grotta, Jeff) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 23
MOTION to Dismiss by Wesco Insurance Company. (Attachments: #1 Exhibit Service Contract, #2 Exhibit OK-SOS First Farms)(Grotta, Jeff) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 22
MOTION to Dismiss by AmTrust Financial Services. (Attachments: #1 Exhibit Service Contract, #2 Exhibit OK-SOS First Farms)(Grotta, Jeff) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 21
MOTION to Dismiss and Brief in Support by Rolling Plains Implement Company Inc. (Attachments: #1 Exhibit Dealer's Retail Purchase Order, #2 Exhibit Retail Installment Contract, #3 Exhibit First Farms & Trucking LLC Oklahoma Secretary of State Info)(Murphy, Christopher) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 20
ORDER granting #18 defendants' unopposed motion for extension of deadline...the referenced defendants shall file their answer or other responsive pleading to plaintiffs' complaint not later than 11/20/2020. Signed by Honorable Joe Heaton on 11/05/2020. (lam) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 19
ENTRY of Appearance by Jake Carroll on behalf of AGCO Corporation, AGCO Service (Carroll, Jake) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 18
UNOPPOSED MOTION for Extension of Time to Respond to Plaintiffs' Petition by AGCO Corporation, AGCO Service, AMT Warranty Corp, AmTrust Financial Services, Rolling Plains Implement Company Inc, Wesco Insurance Company. (Lane, Patrick) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 17
MOTION to Dismiss by defendant by AGCO Finance LLC (filed in state court on 10/29/2020). (lam) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 16
NOTICE OF PENDING MOTIONS by AGCO Corporation, AGCO Service (Attachments: #1 Exhibit Motion to Dismiss AFF, #2 Exhibit Application for Leave to File Response Out of Time, #3 Exhibit Order Granting Application for Leave, #4 Exhibit OSCN Docket Sheet)(Lane, Patrick) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 15
ENTRY of Appearance by Brandon P Wilson on behalf of Rolling Plains Implement Company Inc (Wilson, Brandon) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 14
ENTRY of Appearance by Cary E Hiltgen on behalf of AMT Warranty Corp, AmTrust Financial Services, Wesco Insurance Company (Hiltgen, Cary) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 13
ENTRY of Appearance by Jeff C Grotta on behalf of AMT Warranty Corp, AmTrust Financial Services, Wesco Insurance Company (Grotta, Jeff) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 12
ENTRY of Appearance by Clinton D Whitworth on behalf of Rolling Plains Implement Company Inc (Whitworth, Clinton) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 11
ENTRY of Appearance by Christopher M Murphy on behalf of Rolling Plains Implement Company Inc (Murphy, Christopher) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 10
ENTRY of Appearance by Joseph T Acquaviva, Jr on behalf of All Plaintiffs (Acquaviva, Joseph) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 9
ORDER granting #6 Steven Jacob Carroll, Esq., leave to appear pro hac vice as counsel of record for defendants AGCO Corporation and AGCO Service...see order for further specifics. Signed by Honorable Joe Heaton on 11/03/2020. (lam) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 8
ENTRY of Appearance by Kevin T Bennett on behalf of All Plaintiffs (Bennett, Kevin) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 7
ENTRY of Appearance by David Morse on behalf of AGCO Corporation, AGCO Service (Morse, David) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 6
MOTION for Leave to Appear Pro Hac Vice of Jake Carroll Filing fee $ 50, receipt number AOKWDC-3359311 by AGCO Corporation, AGCO Service. (Attachments: #1 Exhibit 1 - Request for Pro Hac Vice Admission by Jake Carroll)(Lane, Patrick) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 5
ENTRY of Appearance by Patrick H Lane on behalf of AGCO Corporation, AGCO Service (Lane, Patrick) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 4
ENTRY of Appearance by Jordan M LePage on behalf of AGCO Corporation, AGCO Service (LePage, Jordan) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 3
ENTRY of Appearance by James W Vogt on behalf of AGCO Finance LLC (Vogt, James) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 2
ENTER ORDER counsel for the parties are directed to file their entries of appearance conforming to LCvR83.4 not later than 11/04/2020. Signed by Honorable Joe Heaton on 11/02/2020. (lam) [Transferred from Oklahoma Western on 1/26/2021.]
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PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number AOKWDC-3356754. (Morse, David) [Transferred from Oklahoma Western on 1/26/2021.]
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Filing 1
NOTICE OF REMOVAL from Oklahoma County District Court, case number CJ-2020-4427 filed by AGCO Service, AGCO Corporation. (Attachments: #1 Exhibit 1 - Petition Served on AGCO, #2 Exhibit 2 - First Farms Articles, #3 Exhibit 3 - Consents to Removal, #4 Exhibit 4 - OSCN Case Docket Sheet, #5 Civil Cover Sheet)(knt) [Transferred from Oklahoma Western on 1/26/2021.]
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