Carson v. New Bern Transport Corporation

Indiana Northern District Court
Judge:Gretchen S Lund
Referred: Susan L Collins
Case #: 1:23-cv-00442
Nature of Suit790 Labor - Other Labor Litigation
Cause28:1332 Diversity-Petition for Removal
Case Filed:Oct 18, 2023
Terminated:Jul 18, 2024
Case in other court:Allen County Superior Court, 02D03-2309-CT-000648
Last checked: Monday Apr 15, 2024 4:28 AM EDT
Defendant
New Bern Transport Corporation
Represented By
Alison R Ashmore
Dykema Gossett Pllc - Dal/tx
contact info
Mark J Magyar
Dykema Gossett Pllc - Lan/mi
contact info
Plaintiff
Allen Carson
Represented By
Donald C Swanson, Jr
Haller & Colvin PC
contact info
Hannah L Alderks
Haller & Colvin PC
contact info


Docket last updated: 2 hours ago
Friday, July 19, 2024
47 47 misc Clerks Judgment Fri 07/19 3:14 PM
CLERK'S ENTRY OF JUDGMENT. (nhc)
Related: [-]
Thursday, July 18, 2024
46 46 8 pgs order Opinion and Order Terminate Civil Case Fri 07/19 3:12 PM
OPINION AND ORDER: Defendant's Motion to Dismiss Plaintiff's Amended Complaint is GRANTED39 and Defendant's Motion to Dismiss Complaint is DENIED as MOOT2 . The Court DIRECTS the Clerk of Court to DISMISS the case and enter judgment accordingly. Signed by Judge Gretchen S Lund on 7/18/2024. (nhc)
Related: [-]
Monday, March 25, 2024
45 45 3 pgs order Order Reassigning Case Mon 03/25 7:04 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Gretchen S Lund for all further proceedings. Chief Judge Holly A Brady no longer assigned to case. Signed by Chief Judge Holly A Brady on 3/25/24. (ksc)
Related: [-]
Wednesday, March 06, 2024
44 44 respm Reply to Response to Motion Wed 03/06 1:36 PM
REPLY to Response to Motion re39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Bern Transport Corporation. (Ashmore, Alison)
Related: [-]
Wednesday, February 28, 2024
43 43 respm Response to Motion Wed 02/28 2:05 PM
RESPONSE to Motion re39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Allen Carson. (Swanson, Donald)
Related: [-]
Wednesday, January 24, 2024
42 42 5 pgs order Opinion and Order ~Util - Set Deadlines ~Util - Terminate Motions Wed 01/24 2:40 PM
OPINION AND ORDER: Plaintiff's motion to compel36 is DENIED without prejudice. The Court LIFTS the stay on discovery 32 to allow Plaintiff's five document requests (ECF 36 3).2 Plaintiff's five document requests are DEEMED SERVED, and Defendant is AFFORDED to and including 2/7/2024, to respond to them. Accordingly, the Court sua sponte EXTENDS Plaintiff's deadline to respond to the motion to dismiss39 , or PERMITS Plaintiff to file an amended complaint in light of the motion to dismiss, to and including 2/28/2024. The stay on discovery otherwise continues pending the ruling on the motion to dismiss39 . Signed by Magistrate Judge Susan L Collins on 1/24/2024. (rmf)
Related: [-]
Wednesday, January 17, 2024
41 41 misc Response/Reply Wed 01/17 9:44 AM
REPLY by Allen Carson to38 Response to Motion -- Reply to Defendant's Response in Opposition to Plaintiff's Motion to Compel . (Swanson, Donald)
Related: [-]
Wednesday, January 10, 2024
40 40 12 pgs respm Memorandum in Support Wed 01/10 4:54 PM
MEMORANDUM in Support of39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Bern Transport Corporation. (Ashmore, Alison)
Related: [-]
39 39 motion Dismiss for Failure to State a Claim Wed 01/10 4:42 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant New Bern Transport Corporation. (Ashmore, Alison)
Related: [-]
38 38 respm Response to Motion Wed 01/10 4:23 PM
RESPONSE to Motion re36 MOTION to Compel filed by New Bern Transport Corporation.(Ashmore, Alison)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B
Wednesday, January 03, 2024
37 37 respm Brief Wed 01/03 1:16 PM
BRIEF re36 MOTION to Compel - Brief Regarding Requests for Discovery . (Swanson, Donald)
Related: [-]
36 36 motion Compel Wed 01/03 1:15 PM
MOTION to Compel by Plaintiff Allen Carson. (Swanson, Donald)
Related: [-]
35 35 respm Response to Motion Wed 01/03 1:11 PM
RESPONSE to Motion re2 MOTION to Dismiss filed by Allen Carson. (Swanson, Donald)
Related: [-]
Thursday, December 28, 2023
34 34 cmp Amended Complaint Tue 01/02 9:45 AM
AMENDED COMPLAINT against New Bern Transport Corporation, filed by Allen Carson.(ash)
Related: [-]
33 33 3 pgs order Opinion and Order ~Util - Terminate Motions Tue 01/02 9:41 AM
OPINION AND ORDER: Plaintiff's21 MOTION to Amend is GRANTED. The Clerk is DIRECTED to show Plaintiff's first amended complaint (ECF 21-1) as filed. Signed by Magistrate Judge Susan L Collins on 12/28/2023. (ash)
Related: [-]
Thursday, December 21, 2023
32 32 minutes Hearing ~Util - Set/Clear Flags Thu 12/21 2:18 PM
TELEPHONIC HEARING (scheduled as a Rule 16 Preliminary Pretrial Conference) held on 12/20/2023 before Magistrate Judge Susan L Collins. Pla appeared by atty Donald Swanson. Dft appeared by attys Alison Ashmore and Mark Magyar. Amount in controversy discussed and determined to meet threshold to establish jurisdiction. Pla asks to conduct limited discovery in connection with2 Dft's Motion to Dismiss, and the Court permits the Parties to brief the issue. Court stays discovery pending ruling on2 Dft's Motion to Dismiss. Pla afforded to and including 1/3/2024 to file a brief in support of his argument that he needs to conduct limited discovery in connection with the2 Motion to Dismiss, and Dft is afforded to and including 1/10/2024 to file a response brief thereto. (FTR 1st floor.) (mr) Modified on 12/21/2023 to correct date (mr)
Related: [-]
utility Set/Reset Deadlines Thu 12/21 2:19 PM
Set deadlines: Brief due by 1/3/2024. Response to be filed by 1/10/2024 (mr)
Related: [-]
Tuesday, December 19, 2023
31 31 misc Report of Rule 26f Planning Meeting Tue 12/19 3:03 PM
REPORT of Rule 26(f) Planning Meeting. (Ashmore, Alison)
Related: [-]
Monday, December 18, 2023
30 30 order Order ~Util - Set Hearings 1 - Terminate Hearings Mon 12/18 3:18 PM
ORDER for Magistrate Judge Susan Collins: The Court on its own motion VACATES the telephonic Rule 16 Preliminary Pretrial Conference set for 12/19/2023 at 10:00 am and RESETS it for 12/20/2023 at 10:00 am. Court to initiate call. Parties are directed to file an Amended Report of Parties Planning Meeting. Text entry order. (mr)
Related: [-]
Monday, December 11, 2023
29 29 misc Response/Reply Mon 12/11 1:42 PM
REPLY by Allen Carson to27 Brief (Other) Reply to Defendant's Supplemental Brief Regarding Amount in Controversy in Support of Its Notice of Removal . (Swanson, Donald)
Related: [-]
Thursday, December 07, 2023
28 28 misc Response/Reply Thu 12/07 12:42 PM
REPLY by Allen Carson to26 Response to Motion Reply to Opposition to Plaintiff's Motion for Leave to File First Amended Complaint . (Swanson, Donald)
Related: [-]
Monday, December 04, 2023
27 27 respm Brief Mon 12/04 7:04 PM
BRIEF re 25 Hearing,,,, Set Deadlines/Hearings,,,, Terminate Hearings,,,1 Notice of Removal, Def.'s Supplemental Brief re Amount in Controversy in Support of Its Notice of Removal) . (Ashmore, Alison)
Related: [-]
Friday, December 01, 2023
26 26 respm Response to Motion Fri 12/01 1:41 PM
RESPONSE to Motion re21 MOTION to Amend/Correct Motion for Leave to File First Amended Complaint filed by New Bern Transport Corporation. (Ashmore, Alison)
Related: [-]
Monday, November 27, 2023
25 25 minutes Hearing ~Util - Set Deadlines/Hearings 1 - Terminate Hearings Tue 11/28 1:43 PM
TELEPHONIC HEARING (scheduled as a Rule 16 Preliminary Pretrial Conference) held on 11/27/2023 before Magistrate Judge Susan L Collins. Pla appeared by attys Donald Swanson and Hannah Alderks. Dft appeared by attys Mark Magyar and Alison Ashmore. Court addresses issue of diversity jurisdiction. Parties disagree whether $75,000 threshold is met. Pla is willing to stipulate that damages do not meet the $75,000 threshold. Court orders Parties to brief issue of amount in controversy. Dft's brief on issue to be filed by 12/4/2023. Pla's response to be filed by 12/11/2023. Telephonic Rule 16 Preliminary Pretrial Conference held over to 12/19/2023 at 10:00 am. Court to initiate call. Parties are directed to file an Amended Report of Parties Planning meeting. Dft objects to Pla's21 Motion for Leave to File First Amended Complaint and will be filing a response. (FTR 1st floor.) (mr)
Related: [-]
24 24 misc Amended Document - NOT Motion Mon 11/27 11:24 AM
AMENDED DOCUMENT by Allen Carson. Amendment to20 Amended Document Second Amended Rule 7.1 Disclosure Statement . (Swanson, Donald)
Related: [-]
Tuesday, November 21, 2023
23 23 order Order ~Util - Set Deadlines Tue 11/21 1:41 PM
ORDER for Magistrate Judge Susan Collins: Pla's20 Amended Disclosure Statement is again inadequate under F.R.C.P 7.1(a)(2). Pla is ORDERED to file a Second Amended Disclosure Statement on or before 11/28/2023, that identifies the State in which Pla is domiciled, as such State is determinative of Pla's citizenship for purposes of diversity jurisdiction. Text entry order. (ash)
Related: [-]
22 22 misc Report of Rule 26f Planning Meeting Tue 11/21 1:09 PM
REPORT of Rule 26(f) Planning Meeting. (Swanson, Donald)
Related: [-]
Friday, November 17, 2023
21 21 motion Amend/Correct Fri 11/17 10:11 AM
MOTION to Amend/Correct Motion for Leave to File First Amended Complaint by Plaintiff Allen Carson.(Swanson, Donald)
Related: [-]
Att: 1 Exhibit First Amended Complaint
20 20 misc Amended Document - NOT Motion Fri 11/17 8:06 AM
AMENDED DOCUMENT by Allen Carson. Amendment to17 Disclosure Amended F.R.C.P. 7.1 Disclosure Statement . (Swanson, Donald)
Related: [-]
Thursday, November 16, 2023
19 19 notice Notice of Appearance Thu 11/16 5:51 PM
NOTICE of Appearance by Alison R Ashmore on behalf of New Bern Transport Corporation (Ashmore, Alison)
Related: [-]
18 18 order Order ~Util - Set Deadlines Thu 11/16 3:25 PM
ORDER for Magistrate Judge Susan Collins: Plaintiff's17 F.R.C.P. Rule 7.1 Disclosure Statement is inadequate. Plaintiff is ordered to file an amended 7.1 disclosure statement that sets forth Plaintiff's citizenship on or before 11/27/2023. Text entry order.(mr)
Related: [-]
Wednesday, November 15, 2023
17 17 discov Disclosure Wed 11/15 3:13 PM
DISCLOSURE of Rule 7.1 Disclosure Statement (Individual) filed by Allen Carson.(Swanson, Donald)
Related: [-]
Thursday, November 09, 2023
16 16 notice Notice of Appearance Thu 11/09 8:48 AM
NOTICE of Appearance by Hannah L Alderks on behalf of Allen Carson (Alderks, Hannah)
Related: [-]
15 15 notice Notice of Appearance Thu 11/09 8:46 AM
NOTICE of Appearance by Donald C Swanson, Jr on behalf of Allen Carson (Swanson, Donald)
Related: [-]
Wednesday, November 08, 2023
14 14 notice Notice - Other Wed 11/08 5:54 PM
NOTICE by New Bern Transport Corporation Notice of Appearance of Alison R. Ashmore (Magyar, Mark)
Related: [-]
13 13 notice Notice of Appearance Wed 11/08 4:33 PM
NOTICE of Appearance by Mark J Magyar on behalf of New Bern Transport Corporation (Magyar, Mark)
Related: [-]
Tuesday, November 07, 2023
12 12 misc Corporate Disclosure Statement Tue 11/07 5:01 PM
Corporate Disclosure Statement by New Bern Transport Corporation identifying Corporate Parent Pepsico Inc for New Bern Transport Corporation.. (Magyar, Mark)
Related: [-]
Monday, November 06, 2023
11 11 order Order ~Util - Set Deadlines Mon 11/06 11:05 AM
ORDER for Magistrate Judge Susan Collins: Defendant's4 Corporate Disclosure Statement is not fully compliant with FRCP 7.1 and General Order 2023-06. Defendant is ordered to file an Amended Corporate Disclosure Statement on or before 11/13/2023. Plaintiff is ordered to file his FRCP 7.1(a)(2) Disclosure Statement on or before 11/13/2023. Text entry order.(mr)
Related: [-]
10 10 misc Mag Consent Forms Sent - Standard with pptc - form will be generated Mon 11/06 10:21 AM
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr)
Related: [-]
9 9 notice Notice of Hearing/Deadlines Mon 11/06 10:21 AM
NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 11/27/2023 at 10:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call. (mr)
Related: [-]
Friday, November 03, 2023
8 8 respm Statement Fri 11/03 11:02 AM
STATEMENT Def. New Bern's Supplemental Jurisdiction Statement in Support of Its Notice of Removal) re7 Opinion and Order,, Set Deadlines,1 Notice of Removal, filed by New Bern Transport Corporation.(Magyar, Mark)
Related: [-]
Att: 1 Exhibit EXH. A -- Parcel Report
Monday, October 23, 2023
7 7 2 pgs order Opinion and Order ~Util - Set Deadlines Mon 10/23 2:52 PM
OPINION AND ORDER: Defendant is AFFORDED to and including 11/3/2023 to file a supplemental jurisdictional statement that adequately alleges Plaintiff's citizenship for diversity purposes.. Signed by Magistrate Judge Susan L Collins on 10/23/23. (jld)
Related: [-]
Thursday, October 19, 2023
utility Add and Terminate Judges Thu 10/19 11:50 AM
**NEW CASE, MOTION PENDING** Chief Judge Holly A Brady and Magistrate Judge Susan L Collins added. (shk)
Related: [-]
Wednesday, October 18, 2023
4 4 misc Corporate Disclosure Statement Wed 10/18 4:40 PM
Corporate Disclosure Statement by New Bern Transport Corporation d/b/a Pepsi Beverages North America. (Magyar, Mark)
Related: [-]
3 3 9 pgs respm Memorandum in Support Wed 10/18 4:28 PM
MEMORANDUM in Support of2 MOTION to Dismiss filed by New Bern Transport Corporation d/b/a Pepsi Beverages North America. (Magyar, Mark)
Related: [-]
2 2 3 pgs motion Dismiss Wed 10/18 4:26 PM
MOTION to Dismiss by Defendant New Bern Transport Corporation d/b/a Pepsi Beverages North America. (Magyar, Mark)
Related: [-]
1 1 notice Notice of Removal Wed 10/18 3:48 PM
NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5387829.) from Allen County Superior Court, Cause No. 02D03-2309-CT-000648, filed by New Bern Transport Corporation d/b/a Pepsi Beverages North America.(Magyar, Mark)
Related: [-]
Att: 1 Exhibit,
Att: 2 Civil Cover Sheet
Friday, September 22, 2023
6 6 7 pgs cmp State Court Complaint Thu 10/19 12:00 PM
STATE COURT COMPLAINT with Jury Demand against New Bern Transport Corporation, filed by Allen Carson. Filed in the Allen Superior Court 02D03-2309-CT-648. (shk)
Related: [-]