Indiana Northern District Court
Judge:Holly A Brady
Referred: Susan L Collins
Case #: 3:24-cv-00337
Nature of Suit190 Contract - Other Contract
Cause28:1441 Petition for Removal- Breach of Contract
Case Filed:Apr 25, 2024
Terminated:Aug 07, 2024
Case in other court:Bexar County District Court, 2023CI24343 Texas Western, 5:24-cv-00168
Last checked: Tuesday Oct 22, 2024 4:37 AM EDT
Defendant
Alliance RV LLC
Represented By
Valerie C Ezie-Boncoeur
Barnes & Thornburg Llp - Sb/in
contact info
Daniel R Obert
Barnes & Thornburg Llp - Sb/in
contact info
Joshua John Brandau
Barnes & Thornburg LLP
contact info
Chisara Ezie-Boncoeur
Barnes & Thornburg LLP
contact info
Plaintiff
Heidi Edna Nay
6322 Silver Fox
San Antonio, TX 78247
Represented By
John A. Sczepanski
Timothy Abeel & Associates, P.
contact info
John A Sczepanski, III
Timothy Abeel & Associates PC
contact info


Docket last updated: 1 hours ago
Thursday, August 08, 2024
28 28 order Order 1 - Terminate Hearings Thu 08/08 2:07 PM
ORDER for Magistrate Judge Susan Collins: Pursuant to the filing of the27 Joint Stipulation of Dismissal, the show-cause hearing and status conference set for 9/10/2024 is VACATED. Text entry order. (copy mailed to pro se Plaintiff) (mr)
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Wednesday, August 07, 2024
27 27 motion Stipulation to Dismiss Wed 08/07 3:07 PM
Joint STIPULATION to Dismiss by Defendant Alliance RV LLC. (Obert, Daniel)
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utility Dismissal Notice to Parties Pursuant to Rule 41a1 Wed 08/07 4:29 PM
CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure re27 Joint Stipulation of Dismissal With Prejudice. (cc: Heidi Edna Nay). (cer)
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Monday, August 05, 2024
26 26 2 pgs order Order ~Util - Set Hearings Mon 08/05 4:07 PM
NOTICE AND ORDER: At the July 31, 2024, hearing, Defendant's counsel appeared, but again Plaintiff Heidi Edna Nay did not. (ECF 25 ). Due to Plaintiff's failure to appear, the Court SETS this matter for a SHOW-CAUSE hearing and status conference on September 10, 2024, at 10:00am. Plaintiff Heidi Edna Nay and Defendant's counsel are ORDERED to appear telephonically. Plaintiff Heidi Edna Nay is to SHOW CAUSE why she should not be sanctioned for her failure to appear at the June 5, July 10, and July 31, 2024, status conferences. Plaintiff Heidi Edna Nay is further WARNED that if she fails to timely appear at the September 10, 2024, hearing and status conference, ADDITIONAL SANCTIONS MAY ISSUE, UP TO AND INCLUDING, MONETARY FINES OR DISMISSAL OF HER LAWSUIT. The Clerk is DIRECTED to send a copy of this Notice and Order to Plaintiff Heidi Edna Nay at her current address: 6322 Silver Fox, San Antonio, TX 78247. The Clerk is FURTHER DIRECTED to update the docket to show Attorney John A. Sczepanski as TERMINATED from this case due to his failure to submit a pro hac vice application (ECF5 , 18 , 20 ) and that Plaintiff is proceeding pro se. If Plaintiff Heidi Edna Nay and Defendant file fully-executed dismissal papers before September 10, 2024, the show-cause hearing and status conference will be vacated and the case closed. Signed by Magistrate Judge Susan L Collins on 8/5/2024. (Copy mailed to Plaintiff, Heidi Nay, 6322 Silver Fox, San Antonio, TX 78247)(ash)
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Wednesday, July 31, 2024
25 25 minutes Status Conference ~Util - Set Hearings Wed 07/31 10:53 AM
TELEPHONIC STATUS CONFERENCE held on 7/31/2024 before Magistrate Judge Susan Collins: Plaintiff, Heidi Nay failed to appear as ordered. The Court was advised prior to hearing by Mr. Nay that Mrs. Nay was not available for hearing and the case is over. Atty Daniel Obert appeared on behalf of Defendant. Atty Obert advises a settlement agreement has been fully executed, but awaiting on the executed joint stipulation of dismissal from Plaintiff. Court sets a telephonic Show Cause Hearing for 9/10/2024 at 10:00 am. Plaintiff is ordered to appear for the hearing via telephonically. Court will initiate call. (FTR 1st floor.)(copy mailed to Plaintiff, Heidi Nay, 6322 Silver Fox, San Antonio, TX 78247) (mr)
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Wednesday, July 10, 2024
24 24 minutes Status Conference ~Util - Set Hearings Wed 07/10 12:23 PM
TELEPHONIC STATUS CONFERENCE held on 7/10/2024 before Magistrate Judge Susan L Collins. Plaintiff, Heidi Nay failed to appear. Mr. Nay appeared and advises Heidi Nay is presently working and not available for hearing. Atty Daniel Obert appeared on behalf of Defendant. Atty Obert advises settlement agreement has been fully executed, but awaiting on signed stipulation of dismissal from Plaintiff. Mr. Nay advises Plaintiff, Heidi Nay has received stipulation of dismissal. Telephonic Status Conference set for 7/31/2024 at 10:00 am. Court to initiate call. Court orders Plaintiff, Heidi Nay to appear for telephonic Status Conference. (FTR 1st floor.)(mr)(copy mailed to Plaintiff, Heidi Nay, 1120 NW Loop 1604 N #907, San Antonio, TX 78251)
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Friday, June 21, 2024
23 23 misc Mail Returned Fri 06/21 2:58 PM
Mail Returned from Ms. Heidi Nay as Undeliverable - 22 Hearing. Envelope marked: Return to Sender - Insufficient Address - Unable to Forward. (mrm)
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Wednesday, June 05, 2024
22 22 minutes Hearing ~Util - Set Hearings 1 - Terminate Hearings Wed 06/05 12:57 PM
TELEPHONIC HEARING (scheduled as a Rule 16 Preliminary Pretrial Conference) held on 6/5/2024 before Magistrate Judge Susan L Collins. Plaintiff failed to appear. Atty Daniel Obert appeared on behalf of Defendant. Atty Obert advises case has settled and will need 28 days to finalize settlement agreement and dismissal papers. Telephonic Status Conference set for 7/10/2024 at 11:30 am. Court to initiate call. (copy mailed to Plaintiff, Heidi Nay, 1120 NW Loop 1604 N #907, San Antonio, TX 78251)(FTR 1st floor.) (mr)
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Tuesday, May 28, 2024
21 21 order Order ~Util - Set Hearings 1 - Terminate Hearings Tue 05/28 10:44 AM
ORDER for Magistrate Judge Susan Collins: The Court on its own motion VACATES the telephonic Rule 16 Preliminary Pretrial Conference set for 5/29/2024 at 11:30 am and RESETS it for 6/5/2024 at 11:30 am. Parties should dial 833-568-8864, enter meeting ID: 161 6325 2172#, push # to skip entry of participant ID and enter passcode 039039# at least five minutes before the conference start time. Text entry order. (copy mailed and faxed to Attorney John A Sczepanski)(mr)
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Friday, May 24, 2024
20 20 order Order ~Util - Set Deadlines Fri 05/24 1:13 PM
ORDER for Magistrate Judge Susan Collins: Atty John A. Sczepanski's pro hac vice application is OVERDUE per ECF 18. If Atty Sczepanski fails to file a pro hac vice application by 5/30/2024, he may not represent Plaintiff under Local Rule 83-5. Text entry order. (copy mailed to Attorney John A Sczepanski)(mr) Modified on 5/24/2024 to add routing (mr)
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Thursday, May 23, 2024
19 19 misc Report of Rule 26f Planning Meeting Thu 05/23 2:12 PM
REPORT of Rule 26(f) Planning Meeting. (Obert, Daniel)
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Wednesday, May 15, 2024
18 18 order Order ~Util - Set Deadlines Wed 05/15 3:20 PM
ORDER for Magistrate Judge Paul R Cherry: Attorney John A. Sczepanski is not admitted to practice in this Court and has not filed a pro hac vice application. Attorney John A. Sczepanski is afforded to and including 5/22/2024, to file a pro hac vice application. Text entry order. (ash)
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17 17 order Order on Motion to Withdraw Wed 05/15 3:16 PM
ORDER for Magistrate Judge Paul R Cherry:16 Motion to Withdraw as Counsel is Granted. Attorney Joshua Brandau is hereby withdrawn as counsel of record for Dft Alliance RV LLC. Text entry order. (ash)
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Tuesday, May 14, 2024
16 16 motion Withdraw Tue 05/14 3:16 PM
MOTION to Withdraw for J. Brandau by Defendant Alliance RV LLC. (Ezie-Boncoeur, Valerie)
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Tuesday, May 07, 2024
15 15 misc Mag Consent Forms Sent - Standard with pptc - form will be generated Tue 05/07 1:46 PM
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr)
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14 14 notice Notice of Hearing/Deadlines Tue 05/07 1:46 PM
NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 5/29/2024 at 11:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. To connect to the conference, Parties should dial 833-568-8864, enter meeting ID: 161 6325 2172#, push # to skip entry of participant ID and enter passcode 039039# at least five minutes before the conference start time. (cc: attys Ezie-Boncoeur, Obert, Brandau) (mr) Modified on 5/7/2024 to add cc. (mr)
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Monday, May 06, 2024
13 13 notice Notice of Appearance Mon 05/06 11:32 AM
NOTICE of Appearance by Daniel R Obert on behalf of Alliance RV LLC (Obert, Daniel)
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Thursday, April 25, 2024
11 11 transfer Case Transferred In - District Transfer Thu 04/25 2:28 PM
Case transferred in from District of Texas Western; Case Number 5:24-cv-00168. Original file and docket sheet received.
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Wednesday, April 17, 2024
10 10 ORDER GRANTING8 Motion to Transfer Case to the Northern District of Indiana. Because a valid and enforceable forum-selection clause exists, and the public interest factors weigh in favor of transferring the caseand because Plaintiff did not file a response in opposition to the motion to transferthe Court will transfer this case. IT IS THEREFORE ORDERED that Defendants Motion to Transfer Venue to the Northern District of Indiana is GRANTED. Signed by Judge Elizabeth S. Chestney. (wg) [Transferred from Texas Western on 4/25/2024.]
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Friday, April 12, 2024
9 9 RULE 7 DISCLOSURE STATEMENT filed by Alliance RV, LLC. (Ezie-Boncoeur, Chisara) [Transferred from Texas Western on 4/25/2024.]
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Wednesday, March 13, 2024
8 8 MOTION to Transfer Case to Northern District of Indiana by Alliance RV, LLC.. Motions referred to Judge Elizabeth S. Chestney. (Ezie-Boncoeur, Chisara) [Transferred from Texas Western on 4/25/2024.]
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Att: 1 Exhibit Martin Affidavit with Exhibit A
Friday, February 23, 2024
7 7 Defendant's ANSWER to Complaint by Alliance RV, LLC.(Ezie-Boncoeur, Chisara) [Transferred from Texas Western on 4/25/2024.]
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6 6 NOTICE of Attorney Appearance by Chisara Ezie-Boncoeur on behalf of Alliance RV, LLC. Attorney Chisara Ezie-Boncoeur added to party Alliance RV, LLC(pty:dft) (Ezie-Boncoeur, Chisara) [Transferred from Texas Western on 4/25/2024.]
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Thursday, February 22, 2024
5 5 Pro Hac Vice Letter was forwarded to Plaintiff's attorney John A. Sczepanski. (wg) [Transferred from Texas Western on 4/25/2024.]
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4 4 ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Jason K. Pulliam. (wg) [Transferred from Texas Western on 4/25/2024.]
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3 3 STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (bot2) [Transferred from Texas Western on 4/25/2024.]
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Wednesday, February 21, 2024
2 2 ATTACHMENT of JS-44 Supplemental Civil Cover Sheet to1 Notice of Removal by Alliance RV, LLC. (Brandau, Joshua) [Transferred from Texas Western on 4/25/2024.]
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Monday, February 19, 2024
1 1 NOTICE OF REMOVAL by Alliance RV, LLC (Filing fee $405 receipt number ATXWDC-18431691), filed by Alliance RV, LLC.(Brandau, Joshua) [Transferred from Texas Western on 4/25/2024.]
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Att: 1 Civil Cover Sheet
Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg) [Transferred from Texas Western on 4/25/2024.]
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If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (wg) [Transferred from Texas Western on 4/25/2024.]
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Monday, November 13, 2023
12 12 STATE COURT COMPLAINT with Jury Demand against Alliance RV LLC, filed by Heidi Edna Nay filed in Bexar County District Court, case number 2023CI24343.(nae)
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Att: 1 Exhibits