Trojan EV LLC v. BMK Golf Carts Inc et al
| Trojan EV LLC |
| BMK Golf Carts, BMK Golf Carts Inc, BMK Enterprises of South Florida Inc doing business as BMK Golf Carts, Brandon Kurz, Austin Kurz and BMK Enterprises of South Florida Inc |
| 1:2022cv00243 |
| November 23, 2022 |
| US District Court for the District of Wyoming |
| Kelly H Rankin |
| Scott W Skavdahl |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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Filing 39
ORDER by the Honorable Kelly H Rankin denying #34 Motion to Disqualify. Defense counsel has not violated the rules of practice for this District. (Court Staff, sjdl)
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| Filing 38 Joint STATUS REPORT re #28 Order, by BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc. (Billbrough, Bart) Modified text on 10/27/2023 (Court Staff, semt). |
| Filing 37 First REPLY to #36 Memorandum in Opposition to Motion, #35 Memorandum in Opposition to Motion to Disqualify and Revoke Pro Hac Vice Admission filed by Plaintiff Trojan EV LLC. (Wright, Ryan) |
| Filing 36 Second MEMORANDUM in Opposition to #34 MOTION to Disqualify filed by Defendants BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc, Austin Kurz, Brandon Kurz. (Attachments: #1 Exhibit 1 - Preliminary Hearing and Scheduling Order # 5) (Billbrough, Bart) Removed repetitive text on 9/28/2023 (Court Staff, semt). |
| Filing 35 MEMORANDUM in Opposition to #34 MOTION to Disqualify filed by Defendants BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc. (Billbrough, Bart) |
| Filing 34 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Disqualify and Revoke Pro Hac Vice Admission of G. Bart Billbrough filed by Plaintiff Trojan EV LLC. (Attachments: #1 Exhibit 1 - BMK's Statement of Claim with Contract, #2 Exhibit 2 - Notice of Appearance of Robert N. Pelier, #3 Exhibit 3 - Email of Robert N. Pelier regarding his Notice of Appearance for BMK, #4 Exhibit 4 - BMK's Answer, Affirmative Defenses to Claimant's Statement of Claim (Complaint) and Counter Petition, #5 Exhibit 5 - BMK's Response to Trojan's Request for Leave to File a Dispositive Motion, #6 Exhibit 6 - BMK's Deponent Identification, #7 Exhibit 7 - BMK's First Amended Answer and Affirmative Defenses to Claimant's Statement of Claim (Complaint), and First Amended Counter Petition, #8 Exhibit 8 - Email regarding Local Counsel dated August 10, 2023, #9 Proposed Order)(Court Staff, skb) |
| Filing 33 Joint STATUS REPORT re #28 Order, by BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc. (Billbrough, Bart) Modified text on 9/6/2023 (Court Staff, skb). |
| Filing 32 Joint STATUS REPORT by BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc. (Billbrough, Bart) |
| Filing 31 Joint STATUS REPORT re #28 Order, by BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc. (Billbrough, Bart) Modified text on 5/10/2023 (Court Staff, skb). |
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Filing 30
ORDER REGARDING STATUS OF CASE AND PENDING MATTERS by the Honorable Scott W Skavdahl. Denying as moot #18 Motion to Dismiss for Lack of Jurisdiction; denying as moot without prejudice #25 Motion to Remand. (Court Staff, skb)
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| Filing 29 Joint STATUS REPORT re #28 Order by BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc. (Billbrough, Bart) Modified text to remove excess punctuation on 3/9/2023 (Court Staff, skb). |
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Filing 28
ORDER ON DEFENDANTS' MOTION TO COMPEL (ECF #19 ) and PLAINTIFF'S MOTION TO COMPEL (ECF #23 ) by the Honorable Scott W Skavdahl. It is therefore ORDERED that Defendants Brandon Kurz and Austin Kurz are DISMISSED from this action. It is further ORDERED that Defendant's Motion to Compel Arbitration among the remaining Defendants in this matter (ECF No. #19 ) is GRANTED. It is further ORDERED that Plaintiff's Motion to Compel Arbitration for All Parties (ECF No. #23 ) is GRANTED IN PART AND DENIED IN PART; it is granted to the extent is overlaps with Defendants' motion to compel and denied to the extent it seeks to compel the individual Defendants, Brandon Kurz and Austin Kurz, to arbitrate. It is further ORDERED that Plaintiff's case is STAYED pending arbitration. It is finally ORDERED that the parties shall submit a joint status report on or before March 6, 2023, and every sixty (60) days thereafter informing the Court of the status of the arbitration, for as long as arbitration remains pending. (Court Staff, skb)
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| Filing 27 First REPLY to #26 Memorandum in Opposition, Motion to Compel Arbitration filed by Plaintiff Trojan EV LLC. (Wright, Ryan) |
| Filing 26 MEMORANDUM in Opposition to #23 First RESPONSE to #18 MOTION to Dismiss for Lack of Jurisdiction, and to Dismiss for Failure to State Cause of Action, filed by Trojan EV LLC and 24 Order (Billbrough, Bart) Modified links per counsel and modified text on 12/28/2022 (Court Staff, stmo). |
| Filing 25 First MOTION to Remand Case filed by Plaintiff Trojan EV LLC. (Attachments: #1 Exhibit 1 - Dealer Agreement signed by Brandon Kurz, #2 Exhibit 2 - Last Page of Agreement signed by Austin Kurz, #3 Exhibit 3 - Confidentiality Agreement, #4 Exhibit 4 - Last Page of Confidentiality Agreement signed by Austin Kurz, #5 Proposed Order)(Wright, Ryan) |
| Filing 24 (TEXT-ONLY) ORDER by the Honorable Scott W Skavdahl. Pursuant to ECF No. #23 , Plaintiff has moved to compel arbitration of this matter between all parties. Prior to any further filings, Defendants shall file a response as to the issue of arbitration being appropriate on or before December 28th and the Court will thereafter determine the issue of arbitration before wasting any further resources. (Court Staff, skb) |
| Filing 23 First RESPONSE to #18 MOTION to Dismiss for Lack of Jurisdiction, and to Dismiss for Failure to State Cause of Action filed by Plaintiff Trojan EV LLC. (Attachments: #1 Exhibit 1 - Agreement signed by Brandon Kurz, #2 Exhibit 2 - Last Page of Agreement signed by Austin Kurz, #3 Proposed Order) (Wright, Ryan) |
| Filing 22 DISREGARD - Counsel to refile. MOTION REFERRED TO Judge Kelly H Rankin. First MOTION for Leave to File Reply/Brief/Supplement (Non-Dispositive) Plaintiff's Response to Defendants' Motion to Compel Abritration and Dismiss and Stay filed by Plaintiff Trojan EV LLC. (Attachments: #1 Exhibit Ex. 1 - Agreement signed by Brandon Kurz, #2 Exhibit Ex. 2 - Last Page of Agreement signed by Austin Kurz)(Wright, Ryan) Modified on 12/22/2022 (Court Staff, skb). |
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Filing 21
ORDER by the Honorable Scott W Skavdahl granting #20 Motion for Extension of Time. It is ORDERED that Plaintiff's Response to the Defendants' Motion to Dismiss (ECF No. #18 ) shall be due no later than January 6, 2023. (Court Staff, skb)
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| Filing 20 First MOTION for Extension of Time (Dispositive) requesting extension of Response to Defendants' motion to dismiss, motion to compel, dismiss or stay filed by Plaintiff Trojan EV LLC. (Wright, Ryan) |
| Filing 19 MEMORANDUM in Support of #18 Motion to Dismiss/Lack of Jurisdiction, filed by Defendants BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc, Austin Kurz, Brandon Kurz. (Billbrough, Bart) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction, and to Dismiss for Failure to State Cause of Action filed by Defendants BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc, Austin Kurz, Brandon Kurz. (Attachments: #1 Affidavit of Brandon Kurz, #2 Exhibit A to Affidavit of Brandon Kurz, #3 Affidavit of Austin Kurz, #4 Exhibit A to Affidavit of Austin Kurz, #5 Exhibit B to Affidavit of Austin Kurz)(Billbrough, Bart) (Attachment 1 replaced due to blank page on 12/8/2022) (Court Staff, skb). (Attachment 3 replaced due to blank page on 12/8/2022) (Court Staff, skb). |
| Filing 17 TRANSMITTAL of State Court Record. (Court Staff, sal) |
| Filing 16 SUMMONS Returned Executed and filed in State Court. Austin Kurz served on 11/1/2022. (Court Staff, skb) |
| Filing 15 SUMMONS Returned Executed and filed in State Court. Brandon Kurz served on 10/27/2022. Court Staff, skb) |
| Filing 14 SUMMONS Returned Executed and filed in State Court. BMK Enterprises of South Florida Inc served on 10/27/2022. (Court Staff, skb) |
| Filing 13 SUMMONS Returned Executed and filed in State Court. BMK Golf Carts served on 10/27/2022. (Court Staff, skb) |
| Filing 12 SUMMONS Returned Executed and filed in State Court. BMK Golf Carts Inc served on 10/27/2022. (Court Staff, skb) |
| Filing 11 STATE COURT DOCKET SHEET. (Court Staff, skb) |
| Filing 10 TRANSMITTAL of State Court Record. (Homar, Scott) |
| FINANCIAL ENTRY: PAYMENT OF $100 RECEIVED FOR PRO HAC VICE FEE FOR G BART BILLBROUGH. RECEIPT 2-749. (Court Staff, sjk) |
| Filing 9 AMENDED COMPLAINT, filed in State Court 10/24/2022, by Trojan EV LLC. (Court Staff, skb) Modified text on 12/13/2022 (Court Staff, skb). |
| Filing 8 Notice of Pro Hac Vice Attorney Appearance by Bart Billbrough on behalf of BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc, Austin Kurz, Brandon Kurz (Billbrough, Bart) |
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Filing 7
ORDER by the Honorable Kelly H Rankin granting #5 Motion for Extension of Time. Defendants shall have up to and including 12/7/2022 to answer or otherwise respond to Plaintiff's complaint. (Court Staff, sjdl)
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Filing 6
ORDER by the Honorable Kelly H Rankin granting #3 MOTION for G. Bart Billbrough to appear pro hac vice; filed by Austin Kurz, BMK Enterprises of South Florida Inc, BMK Golf Carts Inc, Brandon Kurz, BMK Golf Carts. (cc: Counsel via email)(Court Staff, stbd)
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| Filing 5 MOTION REFERRED TO Judge Kelly H Rankin. Stipulated MOTION for Extension of Time (Non-Dispositive) requesting extension of Answer deadline filed by Defendants BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc, Austin Kurz, Brandon Kurz. (Attachments: #1 Proposed Order)(Homar, Scott) |
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Filing 4
ORDER ON REMOVAL regarding #1 Notice of Removal, filed by Austin Kurz, BMK Enterprises of South Florida Inc, BMK Golf Carts Inc, Brandon Kurz, BMK Golf Carts by the Honorable Scott W Skavdahl. (cc: Clerk of First Judicial District Court via U.S. Mail). (Court Staff, stmo)
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| Filing 3 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for G. Bart Billbrough to appear pro hac vice; Check tendered; filed by Defendants BMK Enterprises of South Florida Inc, BMK Golf Carts, BMK Golf Carts Inc, Austin Kurz, Brandon Kurz. (Attachments: #1 Affidavit, #2 Proposed Order)(Homar, Scott) |
| Filing 2 STATE COMPLAINT filed 10/24/2022 by Trojan EV, LLC. (Court Staff, stmo) |
| Filing 1 NOTICE OF REMOVAL from First Judicial District Court, 2022-CV-200-925. (Filing fee $ 402 receipt number 2-715), filed by Austin Kurz, BMK Enterprises of South Florida Inc, BMK Golf Carts Inc, BMK Golf Carts, Brandon Kurz. (Attachments: #1 Civil Cover Sheet, #2 Magistrate Consent Form). (Court Staff, stmo) Modified filer on 11/23/2022 (Court Staff, stmo). |
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