McCray v. McCray Lumber Company et al

2:23-cv-02175 | Kansas District Court

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Division Kansas City
Judge Judge John W. Broomes
Filed April 24, 2023
Case Flags MJLC1
Magistrate Magistrate Judge Angel D. Mitchell
Nature of Suit 370 Fraud
Cause 28:1441 Petition for Removal- Fraud
Jury Demand Plaintiff
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Filing Date # Docket Text
7/21/2023Letter
7/21/2023 MEMORANDUM AND ORDER. Defendant's motion to strike or supplement (Doc. 25 ) is denied. Plaintiff's motion to remand (Doc. 13 ) is granted. The clerk is instructed to remand this action to the District Court of Johnson County, Kansas. Signed by District Judge John W. Broomes on 7/21/2023. (mam)
7/10/2023Response to Motion
6/23/2023Answer to Complaint
6/20/2023MOTION REFERRAL to Magistrate Judge REMOVED as to: 25 MOTION to Strike in Part Plaintiff's Reply in Support of Motion to Remand, or Alternatively for Leave to file Sur-Reply MOTION for Leave. The motion will be resolved by the District Judge.(ht) (Entered: 06/20/2023)
6/19/2023MOTION to Strike in Part 24 Plaintiff's Reply in Support of Motion to Remand, or Alternatively for Leave to file Sur-Reply by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company. (Attachments: # 1 Exhibit A)(Greenfield, Phillip) Added Motion for Leave (to file Sur-Reply) on 6/20/2023. (jal) (Entered: 06/19/2023)
6/16/2023REPLY TO RESPONSE TO MOTION by Plaintiff Stewart P. McCray re: 13 Motion to Remand (Kampsen, Caleb) (Entered: 06/16/2023)
6/7/202323 ORDER granting 22 Motion to Set Date Certain to Answer Petition. Defendants McCray Lumber Company, Chandler McCray, and Harry C. McCray III have until June 23, 2023, to file their answer to plaintiff's petition. Signed by Magistrate Judge Angel D. Mitchell on 6/7/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 06/07/2023)
6/7/2023Order on Motion for Extension of Time to Answer
6/7/2023 MOTION for Extension of Time to File Answer by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company (referred to Magistrate Judge Angel D. Mitchell) (Greenfield, Phillip) (Entered: 06/07/2023)
6/7/2023 NOTICE of Withdrawal of Defendant's Motion to Dismiss by Chandler McCray, Harry C. McCray, III, McCray Lumber Company re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Greenfield, Phillip) (Entered: 06/07/2023)
6/2/2023RESPONSE by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company re 13 Motion to Remand (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Greenfield, Phillip) (Entered: 06/02/2023)
5/31/202319 ORDER denying 14 Plaintiff's Motion to Stay Pretrial Proceedings Pending Resolution of Plaintiff's Motion to Remand. The court has not yet entered an Initial Order Regarding Planning and Scheduling, so there currently are no "pretrial proceedings" to be stayed. The only items on the docket that remain pending relate to briefing on defendants' motion to dismiss and plaintiff's motion to remand, and briefing on those issues should continue. Signed by Magistrate Judge Angel D. Mitchell on 5/31/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 05/31/2023)
5/31/2023Order on Motion to Stay Deadlines
5/24/2023RESPONSE by Plaintiff Stewart P. McCray re 6 Motion to Dismiss for Failure to State a Clam. (Kampsen, Caleb) (Entered: 05/24/2023)
5/19/202317ORDER granting 16 Motion for Extension of Time to File Response as to 6 Motion to Dismiss for Failure to State a Claim. Response deadline 5/26/2023. Signed by District Judge John W. Broomes on 5/19/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rs) (Entered: 05/19/2023)
5/19/2023MOTION REFERRAL to Magistrate Judge REMOVED as to: 16 MOTION for Extension of Time to File Response as to 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . The motion will be resolved by the District Judge.(ht) (Entered: 05/19/2023)
5/19/2023MOTION for Extension of Time to File Response as to 6 Motion to Dismiss for Failure to State a Claim by Plaintiff Stewart P. McCray. (Kampsen, Caleb) (Entered: 05/19/2023)
5/16/2023ENTRY OF APPEARANCE by J. Justin Johnston on behalf of Stewart P. McCray. (Johnston, J.) (Entered: 05/16/2023)
5/12/2023MOTION to Stay Pretrial Proceedings Pending Resolution of Plaintiff's Motion to Remand by Plaintiff Stewart P. McCray. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Kampsen, Caleb) (Entered: 05/12/2023)
5/12/2023MOTION to Remand by Plaintiff Stewart P. McCray. (Attachments: # 1 Exhibit 1)(Kampsen, Caleb) (Entered: 05/12/2023)
5/5/202311 ORDER: On April 28, 2023, the court ordered defendant McCray Lumber Company to show cause why the court should not recommend that the district judge remand this case for lack of subject matter jurisdiction. (ECF 7.) Now before the court is McCray's Second Motion for Leave to File Amended Notice of Removal (ECF 10), which now satisfies the court that McCray Lumber has sufficiently alleged facts indicating that the parties are completely diverse. Accordingly, the court grants 10 McCray Lumber's Second Motion for Leave to File Amended Notice of Removal and directs McCray Lumber to file its Amended Notice of Removal within three business days. Signed by Magistrate Judge Angel D. Mitchell on 5/5/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bal) (Entered: 05/05/2023)
5/5/2023AMENDED NOTICE OF REMOVAL by McCray Lumber Company. Amendment to 1 Notice of Removal. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Greenfield, Phillip) Modified title on 5/8/2023. (kao) (Entered: 05/05/2023)
5/5/2023Order on Motion for Leave to File
5/4/20239ORDER: On April 28, 2023, the court ordered defendant McCray Lumber Company to show cause why the court should not recommend that the district judge remand this case for lack of subject matter jurisdiction. (ECF 7.) McCray Lumber responded by filing a Motion for Leave to File Amended Notice of Removal (ECF 8) that fixes most of the defective allegations, but it still does not allege sufficient facts to establish complete diversity because it does not specify the state where McCray Lumber's own principal place of business is located. Accordingly, the court denies 8 McCray Lumber's Motion for Leave to File Amended Notice of Removal. As previously ordered (ECF 7 ), McCray Lumber must show cause in writing by May 12, 2023, why the court should not recommend that the district judge remand this case for lack of subject-matter jurisdiction. Signed by Magistrate Judge Angel D. Mitchell on 5/4/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 05/04/2023)
5/4/2023SECOND MOTION for Leave to Amend Notice of Removal by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Exhibit 1)(Greenfield, Phillip) (Entered: 05/04/2023)
5/4/2023Order on Motion for Leave to File
5/2/2023MOTION for Leave to file Amended Notice of Removal by Defendant McCray Lumber Company. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Exhibit 1) (Savage, Carrie) (Entered: 05/02/2023)
4/28/2023NOTICE AND ORDER TO SHOW CAUSE. Because the notice of removal does not allege facts sufficient to establish complete diversity of citizenship, the court orders McCray Lumber to show cause in writing by 5/12/2023, why the court should not recommend that the district judge remand this case for lack of subject-matter jurisdiction. Any response to this show-cause order must point to factual allegations that, if true, would establish complete diversity of citizenship. Signed by Magistrate Judge Angel D. Mitchell on 4/28/2023. (mam) (Entered: 04/28/2023)
4/28/2023WITHDRAWN PER 21 NOTICE. MOTION to Dismiss for Failure to State a Claim by Defendants Chandler McCray, Harry C. McCray, III, McCray Lumber Company. (Greenfield, Phillip) Modified on 6/8/2023 (ca). (Entered: 04/28/2023)
4/24/2023CERTIFICATE OF SERVICE of Notice of Removal by McCray Lumber Company re 1 Notice of Removal. (Attachments: # 1 Ex A, # 2 Ex B) (Greenfield, Phillip) (Entered: 04/24/2023)
4/24/2023NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)

NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh) (Entered: 04/24/2023)

4/24/2023CORPORATE DISCLOSURE STATEMENT by McCray Lumber Company identifying None as corporate parent. (Greenfield, Phillip) (Entered: 04/24/2023)
4/24/2023DESIGNATION OF PLACE OF TRIAL filed by Defendant McCray Lumber Company - trial to be held in Kansas City. (Greenfield, Phillip) (Entered: 04/24/2023)
4/24/2023CIVIL COVER SHEET by Defendant McCray Lumber Company. (Greenfield, Phillip) (Entered: 04/24/2023)
4/24/2023NOTICE OF REMOVAL from District Court of Johnson County, Kansas, case number 23CV02024, trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-6042620.), filed by McCray Lumber Company. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Ex. E, # 6 Ex. F, # 7 Ex. G, # 8 Ex. H) (Greenfield, Phillip) (Entered: 04/24/2023)