Marten Transport, LTD et al v. Great Transport, Inc. et al
| Marten Transport, LTD, MARTEN TRANSPORT SERVICES, LTD. and Marten Transport Logistics, LLC |
| GREAT TRANSPORT, INC., PALOMAR SPECIALTY INSURANCE COMPANY, SWINGTRANS, LLC and CANOPIUS US INSURANCE |
| 3:2023cv00494 |
| July 20, 2023 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 14706 Liability of Carriers Under Bills of Lading |
| None |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 Acknowledgment of Receipt of Record by Circuit Court of Buffalo County. (Attachments: #1 Envelope) (jef) |
| Filing 16 Record sent to Buffalo County Circuit Court, WI. (voc) |
Filing 15
** TEXT ONLY ORDER ** The parties have stipulated that this case should be remanded to state court. Accordingly, defendant's motion to dismiss, Dkt. #5 , is DENIED as moot, plaintiffs' motion to remand, Dkt. #7 , is GRANTED, and this case is REMANDED to the Circuit Court of Buffalo County. Signed by District Judge James D. Peterson on 8/29/2023. (voc)
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| Filing 14 Stipulation to Remand by Defendant Canopius US Insurance. (Walters, David) |
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Filing 13
** TEXT ONLY ORDER ** Defendant Canopius US Insurance has indicated that it does not object to the court staying briefing on its motion to dismiss, dkt. #5 , until the court decides plaintiffs' motion to remand, dkt. #7 . Accordingly, plaintiffs' motion to stay briefing on the motion to dismiss, dkt. #8 , is GRANTED. Briefing is STAYED until after the court decides the motion to remand. Signed by Magistrate Judge Stephen L. Crocker on 8/28/2023. (voc)
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| Judge update in case. Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) |
| Filing 12 Response Stating No Opposition by Defendant Canopius US Insurance re: #8 Motion to Stay filed by Marten Transport, LTD, Marten Transport Logistics, LLC, Marten Transport Services, Ltd. (Wing, Scott) |
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Filing 11
** TEXT ONLY ORDER ** On July 27, 2023- one week after the still-viable defendants removed this case from state court--defendant Canopius US Insurance moved to dismiss Claims II and IV of the lawsuit. Dkt. #5 . On August 15, 2023, two days before their response was due, plaintiffs filed a motion to remand and a motion to stay briefing on the motion to dismiss. Dkts. #7 & #8 . Briefing on the motion to dismiss and briefing on the motion to remand both are temporarily stayed to give Canopius a week to respond to the request for a more substantive stay on dismissal briefing. The August 25, 2023 deadline to consent/decline magistrate judge jurisdiction remains in place. Signed by Magistrate Judge Stephen L. Crocker on 8/16/2023. (voc)
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| Action Request: If you have not already provided your #Consent to Magistrate/Request for Reassignment form, please do so by 8/25/2023. (lak) |
| Filing 10 Declaration of C. Kai Hovden filed by Plaintiffs Marten Transport Logistics, LLC, Marten Transport Services, Ltd., Marten Transport, LTD re: #8 Motion to Stay, #7 Motion to Remand (Attachments: #1 Exhibit 1 - Affidavit of Service on Defendant Great Transport, Inc., #2 Exhibit 2 - Certificate of Service on Defendant Swingtrans, LLC, #3 Exhibit 3 - Affidavit of Service on Defendant Palomar Insurance Company, #4 Exhibit 4 - Affidavit of Service on Defendant Canopius US Insurance, #5 Exhibit 5 - Defendant Palomar Specialty Insurance Company's Answer) (Hovden, Christopher) |
| Filing 9 Combined Brief in Support of #7 Motion to Remand and #8 Motion to Stay Briefing on Motion to Dismiss by Plaintiffs Marten Transport Logistics, LLC, Marten Transport Services, Ltd., Marten Transport, LTD. (Hovden, Christopher) Modified on 8/15/2023. (lak) |
| Filing 8 Motion to Stay Briefing on Motion to Dismiss by Plaintiffs Marten Transport Logistics, LLC, Marten Transport Services, Ltd., Marten Transport, LTD. Response due 8/22/2023. (Hovden, Christopher) Modified on 8/15/2023. (lak) |
| Filing 7 MOTION TO REMAND by Plaintiffs Marten Transport Logistics, LLC, Marten Transport Services, Ltd., Marten Transport, LTD. Brief in Opposition due 9/5/2023. Brief in Reply due 9/15/2023. (Hovden, Christopher) |
| Filing 6 Corporate Disclosure Statement by Defendant Palomar Specialty Insurance Company. (Hansen, Kirsten) |
| Filing 5 MOTION TO DISMISS by Defendant Canopius US Insurance. Brief in Opposition due 8/17/2023. Brief in Reply due 8/28/2023. (Wing, Scott) |
| Filing 4 Corporate Disclosure Statement by Defendant Canopius US Insurance. (Walters, David) |
| Case randomly assigned to Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Magistrate Judge Stephen L. Crocker: #Corporate Disclosure Statement, #Order Regarding Assignment of Cases, #Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions. (lak) |
| Filing 3 Notice of Appearance filed by Scott Wing for Defendant Canopius US Insurance. (Wing, Scott) Modified on 7/21/2023: Captioned for the Eastern District of Wisconsin. (lak) |
| Filing 2 Notice of Appearance filed by David I Walters for Defendant Canopius US Insurance. (Walters, David) Modified on 7/21/2023: Captioned for the Eastern District of Wisconsin. (lak) |
| Filing 1 NOTICE OF REMOVAL from Buffalo County Circuit Court, case number 2023CV00059. ( Filing fee $ 402 receipt number AWIWDC-3277102), filed by Canopius US Insurance Company, Palomar Specialty Insurance Company. (Attachments: #1 Exhibit - Summons and Complaint, #2 Exhibit - Answer to Complaint, #3 JS-44 Civil Cover Sheet for the ND of Illinois) (Walters, David) Modified on 7/21/2023: Corrected parties. Corrected stats. (lak) |
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