Glaser, Gerald v. Superior Silica Sands, LLC
| Gerald Glaser |
| Superior Silica Sands, LLC |
| Iron Mountain Trap Rock Company and Fred Weber, Inc. |
| 3:2022cv00099 |
| February 24, 2022 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 Acknowledgment of Receipt of Record by Circuit Court of Chippewa County. (Attachments: #1 Envelope) (jef) |
| Filing 32 Record sent to Circuit Court of Chippewa County. (jef) |
Filing 31
** TEXT ONLY ORDER ** On February 2, 2023, this court entered an order finding it did not have bankruptcy jurisdiction over this case. Superior was given until February 10 to allege facts establishing diversity of citizenship, but it has not submitted anything. So, in accordance with the February 2 order, this case is REMANDED to the Circuit Court for Chippewa County, Wisconsin. Signed by District Judge James D. Peterson on 2/14/2023. (jef)
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Filing 30
ORDER The motion of defendant Superior Silica Sands, LLC for transfer, Dkt. #8 , is DENIED. Not later than February 10, 2023, Superior must allege facts establishing diversity of citizenship, including the citizenship of Superior's members. If it fails to do so, then this case will be remanded to the Circuit Court for Chippewa County. Signed by District Judge James D. Peterson on 2/2/2023. (acd)
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Filing 29
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Dispositive Motions due 4/14/2023. Settlement Letters due 8/4/2023. Motions in Limine due 8/11/2023. Responses due 8/25/2023. Final Pretrial Conference set for 9/6/2023 at 3:00 PM. Jury Selection and Trial set for 9/18/2023 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 5/18/2022. (kwf)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 5/17/2022 [:15] (skv) |
| Filing 28 Third Party Brief in Reply by Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company in Support of #18 Motion to Dismiss , or in the Alternative, Stay Third-Party Complaint (Lovern, Susan) |
| Filing 27 Joint Report of Rule 26(f) Planning Meeting (Wallo, William) |
| Filing 26 Brief in Opposition by Third Party Plaintiff Superior Silica Sands, LLC, Defendant Superior Silica Sands, LLC re: #18 Motion to Dismiss filed by Iron Mountain Trap Rock Company, Fred Weber, Inc. (Attachments: #1 Exhibit A - Third-Party Defendants' Bankruptcy Answer, #2 Exhibit B - Third-Party Defendants' Bankruptcy Motion to Dismiss, #3 Exhibit C - Superior's Opposition to Third-Party Defendants' Bankruptcy Motion to Dismiss, #4 Exhibit D - Services Agreement Between Superior and Third-Party Defendant) (Zohn, Jeffrey) |
| Filing 25 Brief in Reply by Third Party Plaintiff Superior Silica Sands, LLC, Defendant Superior Silica Sands, LLC in Support of #8 Motion to Transfer (Zohn, Jeffrey) |
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Filing 24
** TEXT ONLY ORDER **ORDER granting #22 Motion to Admit Robert J. Golterman Pro Hac Vice; granting #23 Motion to Admit Oliver H. Thomas Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 4/20/2022. (lak)
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| Filing 23 Motion to Admit Oliver H Thomas Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-3039610.) by Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company. Motions referred to Magistrate Judge Stephen L. Crocker. (Thomas, Oliver) |
| Filing 22 Motion to Admit Robert J Golterman Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-3039606.) by Defendant Superior Silica Sands, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Golterman, Robert) |
| Filing 21 Declaration of Gerald Glaser filed by Plaintiff Gerald Glaser re: #8 Motion to Transfer (Attachments: #1 Exhibit A - Mining Lease, #2 Exhibit B - Land Lease) (Wallo, William) |
| Filing 20 Brief in Opposition by Plaintiff Gerald Glaser re: #8 Motion to Transfer filed by Superior Silica Sands, LLC (Wallo, William) |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 5/17/2022 at 2:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (kwf) |
| Filing 19 Brief in Support of #18 Motion to Dismiss, or in the Alternative, Stay Third-Party Complaint by Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company (Attachments: #1 Exhibit - First Amended Complaint with Exhibits) (Lovern, Susan) Modified on 4/13/2022. (lak) |
| Filing 18 MOTION TO DISMISS , or in the Alternative, Stay Third-Party Complaint by Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company. Brief in Opposition due 5/3/2022. Brief in Reply due 5/13/2022. (Lovern, Susan) |
| Filing 17 Notice of Withdrawal of Counsel by William E. Wallo re: Plaintiff Gerald Glaser re withdrawal of David Czech (Wallo, William) |
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Filing 16
** TEXT ONLY ORDER **ORDER accepting and granting #15 Stipulation to Extend Deadline to Respond to Motion to Transfer. Signed by Magistrate Judge Stephen L. Crocker on 4/4/2022. (kwf)
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| Filing 15 Stipulation to Extend Deadline to Respond to Motion to Transfer by Plaintiff Gerald Glaser. (Wallo, William) |
| Filing 14 Notice of Appearance filed by William E. Wallo for Plaintiff Gerald Glaser. (Wallo, William) |
| Set/Reset Briefing Deadlines as to (8 in 3:22-cv-00099-jdp, 8 in 3:22-cv-00100-jdp) MOTION TO TRANSFER to Delaware Bankruptcy Court. Brief in Opposition due 4/18/2022. Brief in Reply due 4/28/2022. (kwf) |
| Filing 13 Notice of Appearance filed by Derek John Waterstreet for Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company. (Waterstreet, Derek) |
| Filing 12 Corporate Disclosure Statement by Third Party Defendant Fred Weber, Inc.. (Lovern, Susan) |
| Filing 11 Corporate Disclosure Statement by Third Party Defendant Iron Mountain Trap Rock Company. (Lovern, Susan) |
| Filing 10 Notice of Appearance filed by Susan E Lovern for Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company. (Lovern, Susan) |
| Filing 9 Declaration of Scott Waughtal filed by Defendant Superior Silica Sands, LLC re: #8 Motion to Transfer (Attachments: #1 Exhibit A - Findings of Fact Filed in Bankruptcy Court, #2 Exhibit B - Contract Schedule, #3 Exhibit C - Notice of Filing Filed in Bankruptcy Court, #4 Exhibit D - First Amended Complaint Filed in Bankruptcy Court, #5 Exhibit E - Memorandum Order Filed in Bankruptcy Court) (Zohn, Jeffrey) Modified on 3/14/2022: Added exhibit descriptions. (lak) |
| Filing 8 MOTION TO TRANSFER to Delaware Bankruptcy Court by Defendant Superior Silica Sands, LLC. Brief in Opposition due 4/4/2022. Brief in Reply due 4/14/2022. (Zohn, Jeffrey) |
| Filing 7 Affidavit of Service by Plaintiff. Fred Weber, Inc. served on 3/8/2022, answer due 3/29/2022. (Zohn, Jeffrey) |
| Filing 6 Affidavit of Service by Plaintiff. Iron Mountain Trap Rock Company served on 3/8/2022, answer due 3/29/2022. (Zohn, Jeffrey) |
| Filing 5 Summonses Issued as to Iron Mountain Trap Rock Company and Fred Weber, Inc. (lak) |
| Filing 4 ANSWER, THIRD PARTY COMPLAINT against Iron Mountain Trap Rock Company, Fred Weber, Inc. (Attachments: #1 Summons (Iron Mountain Trap Rock Company), #2 Summons (Fred Weber, Inc.)) (Zohn, Jeffrey) |
| Standard attachments for District Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (kwf) |
| Filing 3 Notice of Appearance filed by Jeffrey Ryan Zohn for Defendant Superior Silica Sands, LLC. (Zohn, Jeffrey) |
| Filing 2 Notice of Appearance filed by David M. Friebus for Defendant Superior Silica Sands, LLC. (Friebus, David) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Chippewa County, case number 20cv000014. ( Filing fee $ 402 receipt number 0758-3013399), filed by Superior Silica Sands, LLC. (Attachments: #1 Exhibit A - Circuit Court file, #2 JS-44 Civil Cover Sheet) (Friebus, David) Modified on 2/25/2022: Corrected stats. (lak) |
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