Kansas District Court
Judge:J Thomas Marten
Referred: Gwynne E Birzer
Case #: 2:18-cv-02025
Nature of Suit350 Torts - Personal Injury - Motor Vehicle
Cause28:1332 Diversity-Tort/Motor Vehicle (P.I.)
Case Filed:Jan 17, 2018
Terminated:Oct 31, 2018
Last checked: Monday Jul 16, 2018 4:07 AM CDT
Defendant
FAF, Inc.
6800 Port Road
Groveport, OH 43125
Represented By
Paul J. Skolaut
Hinkle Law Firm Llc - East Wichita Office
contact info
J. Philip Davidson
Hinkle Law Firm Llc - East Wichita Office
contact info
Defendant
Ali A. Gababa
Represented By
Paul J. Skolaut
Hinkle Law Firm Llc - East Wichita Office
contact info
J. Philip Davidson
Hinkle Law Firm Llc - East Wichita Office
contact info
Defendant
Ali Hussein, GA
Defendant
Ernesto Penaloza-Gonzalez
1509 S. Shilo Ct.
Wichita, KS 30036
Represented By
Patric S. Linden
Case Linden, PC
contact info
Kevin D. Case
Case Linden, PC
contact info
Defendant
C Bar P Trucking, Inc.
20707 W 21st Street, N
Goddard, KS 67052
Represented By
Patric S. Linden
Case Linden, PC
contact info
Kevin D. Case
Case Linden, PC
contact info
Plaintiff
Donald M. Hay
Represented By
Lawrence D. Flick
Flick Law Firm
contact info


Docket last updated: 3 hours ago
Wednesday, October 31, 2018
utility Terminate Civil Case Wed 10/31 10:44 AM
***Civil Case Terminated per 39 Stipulation of Dismissal with Prejudice. (ydm)
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Tuesday, October 30, 2018
39 39 misc Stipulation of Dismissal Tue 10/30 2:02 PM
STIPULATION OF DISMISSAL by FAF, Inc., Ali A. Gababa, Ali Hussein. (Skolaut, Paul)
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Wednesday, September 19, 2018
38 38 order Order Wed 09/19 2:53 PM
ORDER re 36 Order. Upon review of correspondence from counsel, the Court extends the deadline for submission of the appropriate dismissal documents to 10/22/18. Signed by Magistrate Judge Gwynne E. Birzer on 9/19/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Related [+]
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Friday, August 17, 2018
37 37 order Order on Motion to Strike Fri 08/17 4:30 PM
ORDER finding as moot17 30 Joint Motions of Defendants C Bar P Trucking Inc. and Ernesto Penaloza-Gonzalez to Strike Photographs and Images from Plaintiff's Complaint and First Amended Complaint. In light of notification by counsel that this case has been resolved 36 , the Court finds the above-referenced motions moot. Signed by Magistrate Judge Gwynne E. Birzer on 8/17/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Related [+]
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36 36 order Order ~Util - Terminate Deadlines and Hearings Fri 08/17 4:17 PM
ORDER. Upon notification by counsel that this case has been resolved, the Scheduling Conference currently set for 9/17/18 is CANCELLED. Counsel shall submit the appropriate dismissal documents to the Court no later than 9/21/18. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 8/17/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Related [+]
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Thursday, August 09, 2018
35 35 order Order on Motion to Dismiss for Failure to State a Claim Thu 08/09 8:56 AM
MEMORANDUM AND ORDER denying15 Motion to Dismiss for Failure to State a Claim. In light of the subsequently-filed First Amended Complaint (Dkt. 23), the Joint Motion to Dismiss of defendants C Bar P and Penaloza-Gonzalez is denied as moot. Signed by District Judge J. Thomas Marten on 8/9/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bw)
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Wednesday, June 20, 2018
utility Set Deadlines/Hearings - Public Wed 06/20 10:36 AM
NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding34 Initial Order Regarding Planning and Scheduling: The docket text inadvertently stated the report of the parties planning conference was to be submitted to chambers by 8/24/2018, however, the correct due date is 9/10/2018 as stated in the order. The text of the entry has been corrected.(kao)
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Tuesday, June 19, 2018
34 34 order Initial Order Regarding Planning and Scheduling Tue 06/19 2:21 PM
REVISED INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 9/17/2018 at 11:00 AM in Telephone GEB - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 9686294 before Magistrate Judge Gwynne E. Birzer. Report of Parties Planning Meeting deadline 8/24/2018. Rule 26 Initial Disclosures Deadline set for 9/10/2018. Signed by Magistrate Judge Gwynne E. Birzer on 6/19/18. Related [+]
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Friday, May 11, 2018
33 33 respm Response to Motion Fri 05/11 10:51 AM
RESPONSE by Plaintiff Donald M. Hay re30 JOINT MOTION to Strike23 Amended Complaint (Joint Motion to Strike Photographs and Images from Plaintiff's First Amended Complaint). (Flick, Lawrence)
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Monday, May 07, 2018
32 32 order Initial Order Regarding Planning and Scheduling Mon 05/07 4:39 PM
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 7/9/2018 at 10:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Participants shall dial into the conference call at 888-363-4749, enter access code 9686294#, and follow the prompts to join the call. Report of Parties Planning Conference and Rule 26 Initial Disclosures due 7/2/2018. Signed by Magistrate Judge Gwynne E. Birzer on 5/7/18. (alm)
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Tuesday, May 01, 2018
31 31 8 pgs support Memorandum in Support of Motion Tue 05/01 4:45 PM
MEMORANDUM IN SUPPORT of30 Joint MOTION to Strike23 Amended Complaint Joint Motion to Strike Photographs and Images from Plaintiff's First Amended Complaint by Defendants C Bar P Trucking, Inc., Ernesto Penaloza-Gonzalez(Linden, Patric)
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30 30 motion Strike Tue 05/01 4:43 PM
Joint MOTION to Strike23 Amended Complaint Joint Motion to Strike Photographs and Images from Plaintiff's First Amended Complaint by Defendants C Bar P Trucking, Inc., Ernesto Penaloza-Gonzalez Related [+] (Linden, Patric)
Related: [-] ferred to Magistrate Judge Gwynne E. Birzer
29 29 answer Answer to Amended Complaint Tue 05/01 4:30 PM
ANSWER to23 Amended Complaint by Ernesto Penaloza-Gonzalez.(Linden, Patric)
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28 28 answer Answer to Amended Complaint Tue 05/01 4:20 PM
ANSWER to23 Amended Complaint by C Bar P Trucking, Inc..(Linden, Patric)
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Monday, April 30, 2018
27 27 answer Answer to Amended Complaint Mon 04/30 3:22 PM
ANSWER to23 Amended Complaint by FAF, Inc., Ali A. Gababa.(Skolaut, Paul)
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Wednesday, April 25, 2018
26 26 order Order on Motion for Extension of Time to Answer Wed 04/25 3:20 PM
ORDER granting25 Unopposed Joint Motion of Defendants C Bar P Trucking, Inc and Ernesto Penaloza-Gonzalez for Extension of Time to Answer or Otherwise Respond to Plaintiff's First Amended Complaint. Defendants C Bar P Trucking, Inc. and Ernesto Penaloza-Gonzalez shall answer or otherwise respond to the First Amended Complaint by 5/1/2018. Signed by Magistrate Judge Gwynne E. Birzer on 4/25/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Related [+]
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Tuesday, April 24, 2018
25 25 motion Extension of Time to File Answer Tue 04/24 5:26 PM
Unopposed MOTION for Extension of Time to File Answer re23 Amended Complaint by Defendants C Bar P Trucking, Inc., Ernesto Penaloza-Gonzalez Related [+] (Linden, Patric)
Related: [-] ferred to Magistrate Judge Gwynne E. Birzer
Tuesday, April 10, 2018
24 24 respm Response to Motion Tue 04/10 6:52 PM
RESPONSE by Plaintiff Donald M. Hay re15 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Flick, Lawrence)
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23 23 cmp Amended Complaint Tue 04/10 6:45 PM
AMENDED COMPLAINT -Plaintiff's First Amended Complaint against All Defendants, filed by Donald M. Hay.(Flick, Lawrence)
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Friday, April 06, 2018
22 22 answer Answer to Complaint Fri 04/06 3:36 PM
ANSWER to Complaint by Ali A. Gababa.(Skolaut, Paul)
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21 21 respm Response to Motion Fri 04/06 1:02 PM
RESPONSE by Plaintiff Donald M. Hay re17 Joint MOTION to Strike Photographs and Images from Plaintiff's Complaint (Flick, Lawrence)
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Tuesday, March 27, 2018
20 20 misc Corporate Disclosure Statement Tue 03/27 4:47 PM
CORPORATE DISCLOSURE STATEMENT by C Bar P Trucking, Inc. . (Linden, Patric)
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Friday, March 23, 2018
19 19 answer Answer to Complaint Fri 03/23 4:54 PM
ANSWER to Complaint by Ernesto Penaloza-Gonzalez.(Case, Kevin)
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18 18 answer Answer to Complaint Fri 03/23 4:53 PM
ANSWER to Complaint by C Bar P Trucking, Inc..(Case, Kevin)
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17 17 motion Strike Fri 03/23 4:52 PM
Joint MOTION to Strike Photographs and Images from Plaintiff's Complaint by Defendants C Bar P Trucking, Inc., Ernesto Penaloza-Gonzalez Related [+] (Case, Kevin)
Related: [-] ferred to Magistrate Judge Gwynne E. Birzer
16 16 9 pgs support Memorandum in Support of Motion Fri 03/23 4:51 PM
MEMORANDUM IN SUPPORT of15 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants C Bar P Trucking, Inc., Ernesto Penaloza-Gonzalez(Case, Kevin)
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15 15 motion Dismiss for Failure to State a Claim Fri 03/23 4:50 PM
Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants C Bar P Trucking, Inc., Ernesto Penaloza-Gonzalez (Case, Kevin)
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Wednesday, March 21, 2018
14 14 order Clerks Order Extending Time to Answer Wed 03/21 4:46 PM
CLERKS ORDER EXTENDING TIME until 4/6/2018 for Defendant Ali A. Gababa to answer or otherwise plead. Signed by deputy clerk on 3/21/2018. (mam)
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13 13 misc Entry of Appearance Wed 03/21 3:09 PM
ENTRY OF APPEARANCE by J. Philip Davidson on behalf of Ali A. Gababa (Davidson, J.)
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12 12 misc Entry of Appearance Wed 03/21 3:06 PM
ENTRY OF APPEARANCE by Paul J. Skolaut on behalf of Ali A. Gababa (Skolaut, Paul)
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Tuesday, March 20, 2018
11 11 answer Answer to Complaint Tue 03/20 4:09 PM
ANSWER to Complaint by FAF, Inc..(Skolaut, Paul)
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10 10 misc Corporate Disclosure Statement Tue 03/20 3:59 PM
CORPORATE DISCLOSURE STATEMENT by FAF, Inc. identifying Forward Air Corporation as corporate parent. (Skolaut, Paul)
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Tuesday, March 13, 2018
service Summons Issued Tue 03/13 3:23 PM
SUMMONS ISSUED as to Ali Hussein. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (tvn)
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Friday, March 09, 2018
9 9 service Return of Service of Summons EXECUTED Fri 03/09 10:48 AM
SUMMONS RETURNED EXECUTED -- Personal Service by Donald M. Hay upon C Bar P Trucking Inc. served on 3/1/2018, answer due 3/22/2018. (Flick, Lawrence)
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Tuesday, March 06, 2018
8 8 1 pgs order Order on Motion for Extension of Time Tue 03/06 5:37 PM
ORDER granting7 Defendant FAF, Inc.'s Unopposed Motion for Extension of Time to Answer Plaintiff's Complaint. Defendant FAF, Inc. shall have until March 20, 2018 to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Gwynne E. Birzer on 3/6/18. Related [+]
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7 7 motion Extension of Time Extension of Time to File Response/Reply Tue 03/06 4:33 PM
MOTION for extension of time , MOTION for Extension of Time to File Response as to1 Complaint (attorney) ( Response deadline 3/20/2018) by Defendant FAF, Inc. Related [+] (Skolaut, Paul)
Related: [-] ferred to Magistrate Judge Gwynne E. Birzer
6 6 service Return of Service of Summons EXECUTED Tue 03/06 1:04 PM
SUMMONS RETURNED EXECUTED -- Service on process agent by Donald M. Hay upon FAF, Inc. served on 2/13/2018, answer due 3/6/2018 (Flick, Lawrence)
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Monday, March 05, 2018
5 5 order Clerks Order Extending Time to Answer Tue 03/06 11:52 AM
CLERKS ORDER EXTENDING TIME until 3/6/2018 for Defendant FAF, Inc. to answer or otherwise plead. Signed by deputy clerk on 3/5/2018. (ydm)
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4 4 service Return of Service of Summons EXECUTED Mon 03/05 11:02 AM
SUMMONS RETURNED EXECUTED -- Residential service by Donald M. Hay upon Ali A. Gababa served on 3/3/2018, answer due 3/26/2018 (Flick, Lawrence)
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Monday, February 26, 2018
3 3 service Return of Service of Summons EXECUTED Mon 02/26 3:41 PM
SUMMONS RETURNED EXECUTED -- Residential by Donald M. Hay upon Ernesto Penaloza-Gonzalez served on 2/12/2018, answer due 3/5/2018 (Flick, Lawrence)
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service Summons Issued Mon 02/26 3:52 PM
SUMMONS ISSUED as to Ali A. Gababa. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (tvn)
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Monday, January 22, 2018
service Summons Issued Mon 01/22 11:23 AM
SUMMONS ISSUED as to C Bar P Trucking Inc., FAF, Inc., Ernesto Penaloza-Gonzalez. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (tvn)
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Wednesday, January 17, 2018
2 2 misc Civil Cover Sheet Wed 01/17 4:00 PM
CIVIL COVER SHEET by Plaintiff Mitchell Hay. (Flick, Lawrence)
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1 1 cmp Complaint (attorney) Wed 01/17 3:54 PM
COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4382000.), filed by Mitchell Hay.(Flick, Lawrence)
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notice Notice of Judge Assignment Wed 01/17 4:25 PM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge J. Thomas Marten and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn)
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