Monocoque Diversified Interests, LLC v. USA Jet Airlines, Inc. et al
| Monocoque Diversified Interests, LLC |
| USA Jet Airlines, Inc., Rambler Air, LLC, Arctic-On-Demand, LLC, Roadrunner Transportation Systems, Inc., Ascent Global Logistics Holdings, Inc. and Active Aero Group, Inc. |
| 1:2021cv00956 |
| October 22, 2021 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 25 REPLY to Response to Motion, filed by Roadrunner Transportation Systems, Inc., re #19 MOTION to Dismiss filed by Defendant Roadrunner Transportation Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Blanke, David) |
| Filing 24 REPLY to Response to Motion, filed by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc., re #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause filed by Defendant USA Jet Airlines, Inc., Defendant Ascent Global Logistics Holdings, Inc., Defendant Active Aero Group, Inc., Defendant Rambler Air, LLC, Defendant Arctic-On-Demand, LLC (Arishita, Michelle) |
| Filing 23 REPLY to Response to Motion, filed by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc., re #15 MOTION to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) filed by Defendant USA Jet Airlines, Inc., Defendant Ascent Global Logistics Holdings, Inc., Defendant Active Aero Group, Inc., Defendant Rambler Air, LLC, Defendant Arctic-On-Demand, LLC (Arishita, Michelle) |
Text Order REFERRING #12 Motion to Remand to State Court entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion to Remand is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)
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Text Order REFERRING #17 Motion to Transfer Case entered by Judge Robert Pitman. IT IS ORDERED that Defendants' Motion to Transfer is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)
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| MOTION REFERRED: referred #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause, #12 MOTION to Remand to State Court . Referral Judge: Dustin M. Howell. (dm) |
| Filing 22 Response in Opposition to Motion, filed by Monocoque Diversified Interests, LLC, re #19 MOTION to Dismiss filed by Defendant Roadrunner Transportation Systems, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Richie, Sheldon) |
| Filing 21 Response in Opposition to Motion, filed by Monocoque Diversified Interests, LLC, re #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause filed by Defendant USA Jet Airlines, Inc., Defendant Ascent Global Logistics Holdings, Inc., Defendant Active Aero Group, Inc., Defendant Rambler Air, LLC, Defendant Arctic-On-Demand, LLC (Attachments: #1 Exhibit 1)(Richie, Sheldon) |
| Filing 20 Response in Opposition to Motion, filed by Monocoque Diversified Interests, LLC, re #15 MOTION to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) filed by Defendant USA Jet Airlines, Inc., Defendant Ascent Global Logistics Holdings, Inc., Defendant Active Aero Group, Inc., Defendant Rambler Air, LLC, Defendant Arctic-On-Demand, LLC (Attachments: #1 Exhibit 1, #2 2)(Richie, Sheldon) |
| Filing 19 MOTION to Dismiss #11 Second Amended Complaint by Roadrunner Transportation Systems, Inc.. (Attachments: #1 Affidavit Affidavit of Frank Hurst)(Blanke, David) Modified on 11/30/2021 to correct event type (dm). |
| Filing 18 NOTICE of No Opposition by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc. re #16 MOTION for Leave to Exceed Page Limitation re #15 Ascent Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) (Arishita, Michelle) |
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Text Order GRANTING #16 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. In light of there being no opposition, IT IS ORDERED that Ascent Defendants' Motion for Leave to Exceed Page Limits on its Motion to Dismiss, (Dkt. 15), is GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)
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| Filing 17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Arishita, Michelle) |
| Filing 16 MOTION for Leave to Exceed Page Limitation re #15 Ascent Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Proposed Order)(Arishita, Michelle) |
| Filing 15 MOTION to Dismiss Plaintiff's Second Amended Complaint under Rules 12(b)(2) and 12(b)(6) by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Appendix A - Declaration of Bryan Kamm, #2 Appendix B - Declaration of Amy Swek, #3 Appendix C - Declaration of David Camden, #4 Appendix D - Declaration of Tony Facciolla, #5 Appendix E - Declaration of Tom Breen, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12)(Arishita, Michelle) |
| Filing 14 REPLY to Response to Motion, filed by Monocoque Diversified Interests, LLC, re #12 MOTION to Remand to State Court filed by Plaintiff Monocoque Diversified Interests, LLC (Attachments: #1 Exhibit)(Richie, Sheldon) |
| Filing 13 RESPONSE to Motion, filed by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, Roadrunner Transportation Systems, Inc., USA Jet Airlines, Inc., re #12 MOTION to Remand to State Court filed by Plaintiff Monocoque Diversified Interests, LLC (Attachments: #1 Affidavit - Declaration of Bryan Kamm, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Arishita, Michelle) |
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Text Order DENYING #6 Defendants' Motion to Transfer Case entered by Judge Robert Pitman. Given the filing of Plaintiff's Second Amended Complaint, (Dkt. 11), Defendants' Motion to Transfer is denied without prejudice. Defendants may file a renewed motion to transfer, in light of the Amended Complaint, on or before December 9, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)
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Text Order MOOTING #8 Motion to Dismiss entered by Judge Robert Pitman. In light of Plaintiff's Second Amended Complaint, (Dkt. 11), Defendant's Motion to Dismiss, (Dkt. 8), pertains to a now-superseded pleading and is thus MOOT. See Good River Farms, LP v. TXI Operations, LP, No. 1:17-CV-1117-RP, 2018 WL 1770494, at *3 (W.D. Tex. Apr. 12, 2018); see also King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)
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Text Order MOOTING #5 Motion to Dismiss entered by Judge Robert Pitman. In light of Plaintiff's Second Amended Complaint, (Dkt. 11), Defendants' motion to dismiss, (Dkt. 5), pertains to a now-superseded pleading and is thus MOOT. See Good River Farms, LP v. TXI Operations, LP, No. 1:17-CV-1117-RP, 2018 WL 1770494, at *3 (W.D. Tex. Apr. 12, 2018); see also King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)
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| Filing 12 MOTION to Remand to State Court by Monocoque Diversified Interests, LLC. (Walters, Katherine) |
| Filing 11 AMENDED COMPLAINT Second against All Defendants amending, filed by Monocoque Diversified Interests, LLC.(Walters, Katherine) |
| Filing 10 RULE 7 DISCLOSURE STATEMENT filed by Monocoque Diversified Interests, LLC. (Richie, Sheldon) |
| Filing 9 RULE 7 DISCLOSURE STATEMENT filed by Roadrunner Transportation Systems, Inc.. (Blanke, David) |
| Filing 8 MOTION to Dismiss by Roadrunner Transportation Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Blanke, David) |
| Filing 7 RULE 7 DISCLOSURE STATEMENT filed by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc. identifying Corporate Parent Ascent Global Logistics, Inc. for Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Arishita, Michelle) |
| Filing 6 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) Based on Mandatory Forum Selection Clause by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Arishita, Michelle) |
| Filing 5 MOTION to Dismiss under Rules 12(b)(2) and 12(b)(6) by Active Aero Group, Inc., Arctic-On-Demand, LLC, Ascent Global Logistics Holdings, Inc., Rambler Air, LLC, USA Jet Airlines, Inc.. (Attachments: #1 Affidavit - Declaration of Bryan Kamm, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Arishita, Michelle) |
| Filing 4 DEMAND for Trial by Jury by Monocoque Diversified Interests, LLC. (Richie, Sheldon) |
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Filing 3
ORDER directing the removing party to supplement the record with state court pleadings, if it has not already done so. Signed by Judge Robert Pitman. (dl)
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| Filing 2 BRIEF Supporting / Consent to Removal regarding #1 Notice of Removal,, by Roadrunner Transportation Systems, Inc.. (Blanke, David) |
| Filing 1 NOTICE OF REMOVAL by Active Aero Group, Inc., USA Jet Airlines, Inc., Arctic-On-Demand, LLC, Rambler Air, LLC, Ascent Global Logistics Holdings, Inc. (Filing fee $402 receipt number 0542-15363602), filed by Active Aero Group, Inc., USA Jet Airlines, Inc., Arctic-On-Demand, LLC, Rambler Air, LLC, Ascent Global Logistics Holdings, Inc.. (Attachments: #1 Exhibit 1 - State Court Docket Report, #2 Exhibit 2 - Original Petition, #3 Exhibit 3 - First Amended Petition, #4 Exhibit 4 - Service Documents, #5 Civil Cover Sheet, #6 Supplement to Civil Cover Sheet)(Stammel, Matthew) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (dl) |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) |
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