Mid-America Milling Company v. U.S. Department of Transportation
| Kentucky Eastern District Court | |
| Judge: | Gregory F Vantatenhove |
| Case #: | 3:23-cv-00072 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 05:704 Labor Litigation |
| Case Filed: | Oct 26, 2023 |
| Last checked: Tuesday Apr 23, 2024 4:19 AM EDT |
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Defendant
Shailen Bhatt
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Represented By
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Defendant
Peter P. Buttigieg
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Represented By
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Defendant
Todd Jeter
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Represented By
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Defendant
U.S. Department of Transportation
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Represented By
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Plaintiff
Mid-America Milling Company
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Represented By
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Plaintiff
Bagshaw Trucking, Inc.
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Represented By
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GPO
Sep 23 2024
OPINION & ORDER: 1. Plaintiffs' Motion for a Preliminary Injunction [R. 27] is GRANTED; 2. The United States Department of Transportation, Peter Buttigieg, Shailen Bhatt, Todd Jeter, and any successors in office, are ENJOINED from mandating the use of race- and gender-based rebuttable presumptions for United States Department of Transportation contracts impacted by DBE goals upon which the Plaintiffs bid. 3. The pending Motion to Dismiss [R. 31] will be DENIED without prejudice pending the resolution of any interlocutory appeal of this Order. The Defendants are granted leave of the Court to refile their motion, if necessary. Signed by Judge Gregory F. Van Tatenhove on 9/23/2024.(JJ)cc: COR |
| Docket last updated: 3 hours ago |
| Monday, September 23, 2024 | ||
| 44 | 44
28
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order
Memorandum Opinion and Order Terminate Motions
Mon 09/23 3:57 PM
OPINION & ORDER: 1. Plaintiffs' Motion for a Preliminary Injunction [R.27 ] is GRANTED; 2. The United States Department of Transportation, Peter Buttigieg, Shailen Bhatt, Todd Jeter, and any successors in office, are ENJOINED from mandating the use of race- and gender-based rebuttable presumptions for United States Department of Transportation contracts impacted by DBE goals upon which the Plaintiffs bid. 3. The pending Motion to Dismiss [R.31 ] will be DENIED without prejudice pending the resolution of any interlocutory appeal of this Order. The Defendants are granted leave of the Court to refile their motion, if necessary. Signed by Judge Gregory F. Van Tatenhove on 9/23/2024.(JJ) |
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| Wednesday, April 24, 2024 | ||
| 43 | 43
minutes
Motion Hearing Order on Motion for Preliminary Injunction Order on Motion to Dismiss
Wed 04/24 4:49 PM
MINUTE ENTRY ORDER FOR MOTION HEARING RE: PRELIMINARY INJUNCTION held on 4/24/2024, before Judge Gregory F. Van Tatenhove: Plafs motion for preliminary injunction, R.27 , and Dft's Motion to Dismiss the Plaintiffs' Complaint, R.31 , are TAKEN UNDER ADVISMENT . An order outlining the Courts specific rulings is forthcoming. (Court Reporter Sandy Wilder.) Signed by Gregory F. Van Tatenhove. (MJY) |
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| Friday, April 19, 2024 | ||
| 42 | 42
respoth
Notice of Appearance
Fri 04/19 10:39 AM
NOTICE OF APPEARANCE by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation. (Bae, Sosun) |
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| Friday, April 12, 2024 | ||
| 41 | 41
1
pgs
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Fri 04/12 9:47 AM
ORDER: It is hereby ORDERED that a MOTION HEARING on the pending27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company is SCHEDULED for 4/24/2024 at 1:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove on 4/12/2024.(JJ) |
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| Monday, February 26, 2024 | ||
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Motion Submitted
Mon 02/26 12:08 PM
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company , LLC (CBD) |
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| Friday, February 23, 2024 | ||
| 40 | 40
respm
Reply to Response to Motion
Fri 02/23 8:18 PM
REPLY to Response to Motion re27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company , LLC filed by Bagshaw Trucking, Inc., Mid-America Milling Company.(Tolliver, Cara) |
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Att: 1
Affidavit of Daniel Lennington,
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Att: 2
Exhibit A to Decl. of Daniel Lennington
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| Wednesday, February 21, 2024 | ||
| 39 | 39
1
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order
Order Terminate Motions
Wed 02/21 3:06 PM
ORDER: The Court being sufficiently advised, the Motion to Withdraw D. Eric Lycan as counsel for Plaintiffs Mid-America Milling Company, LLC and Bagshaw Trucking, Inc. [R.37 ] is GRANTED. Signed by Judge Gregory F. Van Tatenhove on 2/21/2024.(JJ) |
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Motion Submitted
Wed 02/21 11:17 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re31 MOTION to Dismiss by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation (CBD) |
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utility
Add and Terminate Attorneys
Wed 02/21 3:08 PM
Attorney Update. Attorney David Eric Lycan terminated. (JJ) |
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| Tuesday, February 20, 2024 | ||
| 38 | 38
respm
Reply to Response to Motion
Tue 02/20 8:22 PM
REPLY to Response to Motion re31 MOTION to Dismiss by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation filed by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation. (Rich, Robert) |
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| Wednesday, February 14, 2024 | ||
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utility
Motion Submitted
Wed 02/14 10:55 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re37 MOTION to Withdraw as Attorney by Mid-America Milling Company (JJ) |
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| Tuesday, February 13, 2024 | ||
| 37 | 37
motion
Withdraw as Attorney
Tue 02/13 4:19 PM
MOTION to Withdraw as Attorney by Mid-America Milling Company(Lycan, David) |
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Att: 1
Proposed Order
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| Tuesday, February 06, 2024 | ||
| 36 | 36
respm
Response in Opposition to Motion
Tue 02/06 7:10 PM
RESPONSE in Opposition re31 MOTION to Dismiss by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation filed by Bagshaw Trucking, Inc., Mid-America Milling Company. (Tolliver, Cara) |
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| 35 | 35
1
pgs
order
Order on Motion to Withdraw as Attorney
Tue 02/06 10:50 AM
ORDER: the Motion toWithdraw33 is DENIED. Signed by Judge Gregory F. Van Tatenhove on 2/6/2024. (CBD) |
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| Friday, February 02, 2024 | ||
| 34 | 34
respoth
Notice of Appearance
Fri 02/02 10:43 AM
NOTICE OF APPEARANCE by Bagshaw Trucking, Inc., Mid-America Milling Company. (Nemes, Jason) |
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| Wednesday, January 31, 2024 | ||
| 33 | 33
motion
Withdraw as Attorney
Wed 01/31 12:00 PM
MOTION to Withdraw as Attorney by Mid-America Milling Company(Lycan, David) |
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Att: 1
Proposed Order
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| Friday, January 26, 2024 | ||
| 32 | 32
respm
Response in Opposition to Motion
Fri 01/26 7:45 PM
RESPONSE in Opposition re27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company , LLC filed by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation.(Rich, Robert) |
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Att: 1
Exhibit Decl. of Martha Kenley,
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Att: 2
Exhibit Compelling Interest Report,
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Att: 3
Exhibit Wainwright Report,
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Att: 4
Exhibit Chow Report
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| Tuesday, January 16, 2024 | ||
| 31 | 31
motion
Dismiss
Tue 01/16 4:50 PM
MOTION to Dismiss by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation(Rich, Robert) |
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Att: 1
Proposed Order
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| Tuesday, December 26, 2023 | ||
| 30 | 30
notice
Notice of Appearance
Tue 12/26 4:39 PM
NOTICE of Appearance by David Reese on behalf of All Defendants |
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| Thursday, December 21, 2023 | ||
| 29 | 29
2
pgs
order
Order Terminate Motions ~Util - Set Motion and R&R Deadlines/Hearings
Thu 12/21 3:07 PM
ORDER: 1. The Parties' Joint Motion [R.28 ] is GRANTED; 2. The Defendants SHALL have up to and including January 26, 2024, to file a response not exceeding 30 pages to Plaintiffs Motion for Preliminary Injunction; and 3. The Plaintiffs SHALL have up to and including February 23, 2024 to file a reply in support of their Motion for Preliminary Injunction that does not exceed 25 pages. Signed by Judge Gregory F. Van Tatenhove on 12/21/2023.(JJ) |
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utility
Motion Submitted
Thu 12/21 11:57 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re28 JOINT MOTION for Extension of Time to File Response/Reply as to27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company , LLC by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Tran (JJ) |
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| Wednesday, December 20, 2023 | ||
| 28 | 28
motion
Extension of Time to File Response/Reply
Wed 12/20 6:14 PM
JOINT MOTION for Extension of Time to File Response/Reply as to27 MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company , LLC by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation and to Exceed Page Limitations(Rich, Robert) |
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Att: 1
Proposed Order
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| Friday, December 15, 2023 | ||
| 27 | 27
motion
Preliminary Injunction
Fri 12/15 11:53 AM
MOTION for Preliminary Injunction by Bagshaw Trucking, Inc., Mid-America Milling Company , LLC(Lennington, Daniel) |
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Att: 1
Brief in Support of Plaintiffs' Motion for Preliminary Injunction,
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Att: 2
Declaration of Kramer Koetter,
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Att: 3
Declaration of Gregory Bagshaw,
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Att: 4
Proposed Order
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| Wednesday, December 13, 2023 | ||
| 26 | 26
notice
Other Notice
Wed 12/13 1:14 PM
NOTICE by Bagshaw Trucking, Inc., Mid-America Milling Company Notice of Withdrawal of Counsel, Katherine D. Spitz (Lennington, Daniel) |
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| 25 | 25
respoth
Notice of Appearance
Wed 12/13 12:07 PM
NOTICE OF APPEARANCE by U.S. Department of Transportation. (Braniff, Andrew) |
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utility
Add and Terminate Attorneys
Wed 12/13 3:31 PM
Attorney Update. Attorney Kate Spitz terminated. (CBD) |
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| Tuesday, December 12, 2023 | ||
| 24 | 24
notice
Notice of Appearance
Tue 12/12 5:10 PM
NOTICE of Appearance by Jillian Moo-Young on behalf of All Defendants (Moo-Young, Jillian) |
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| 23 | 23
2
pgs
order
Order ~Util - Update Answer Due Deadline Terminate Motions
Tue 12/12 3:42 PM
ORDER: It is hereby ORDERED that Defendants' Motion [R.21 ] is GRANTED and the Defendants shall have up to and including January 16, 2024, to file an answer orotherwise respond to the complaint in this matter. Signed by Judge Gregory F. Van Tatenhove on 12/12/2023.(JJ) |
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| Monday, December 11, 2023 | ||
| 22 | 22
notice
Attorney Notice
Mon 12/11 9:49 AM
NOTICE TO ATTORNEY Andrew Braniff by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2(CBD) |
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Att: 1
LR 83.1 Admission Packet,
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Att: 2
LR 83.2 re PHV Admission Information
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utility
Add and Terminate Attorneys
Mon 12/11 9:32 AM
Attorney Update. Attorney Andrew Braniff for Shailen Bhatt,Andrew Braniff for Peter P. Buttigieg,Andrew Braniff for Todd Jeter,Andrew Braniff for U.S. Department of Transportation added. (CBD) |
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utility
Motion Submitted
Mon 12/11 9:50 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re21 CONSENT MOTION for Extension of Time to File Answer re1 Complaint by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation (CBD) |
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| Friday, December 08, 2023 | ||
| 21 | 21
motion
Extension of Time to File Answer
Fri 12/08 5:17 PM
CONSENT MOTION for Extension of Time to File Answer re1 Complaint by Shailen Bhatt, Peter P. Buttigieg, Todd Jeter, U.S. Department of Transportation(Rich, Robert) |
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Att: 1
Proposed Order
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| Tuesday, November 28, 2023 | ||
| 20 | 20
notice
Notice of Appearance
Tue 11/28 2:04 PM
NOTICE of Appearance by Cara Tolliver on behalf of All Plaintiffs (Tolliver, Cara) |
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| 19 | 19
notice
Notice of Appearance
Tue 11/28 1:54 PM
NOTICE of Appearance by Richard M. Esenberg on behalf of All Plaintiffs (Esenberg, Richard) |
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| 18 | 18
notice
Notice of Appearance
Tue 11/28 1:49 PM
NOTICE of Appearance by Daniel P. Lennington on behalf of All Plaintiffs (Lennington, Daniel) |
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| Thursday, November 16, 2023 | ||
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notice
Notice for Attorney to Request E-Filing Privileges
Thu 11/16 12:55 PM
NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Daniel P. Lennington; Richard M. Essenberg; Katherine D. Spitz & Cara M. Tolliver: re17 Order on Motion to Appear Pro Hac Vice, A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Daniel P. Lennington; Richard M. Essenberg; Katherine D. Spitz & Cara M. Tolliver (MJY) |
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| Tuesday, November 14, 2023 | ||
| 17 | 17
2
pgs
order
Order on Motion Appear Pro Hac Vice
Thu 11/16 12:45 PM
ORDER: 1. Plf's Motion for Admission Pro Hac Vice R.9 is GRANTED ;2. Attorney Daniel P. Lennington is admitted pro hac vice as counsel for Plaf in the above-styled action. 3. Plafs second Motion for Admission Pro Hac Vice R.12 is GRANTED ; 4. Attorney Richard M. Essenberg is admitted pro hac vice as counsel for the Plaf in the above-styled action;5. Plafs third Motion for Admission Pro Hac Vice R.13 is GRANTED ; 6. Attorney Katherine D. Spitz is admitted pro hac vice as counsel for Plaf in the above-styled action; 7. Plafs fourth Motion for Admission Pro Hac Vice R.14 is GRANTED ; and 8. Attorney Cara M. Tolliver is admitted pro hac vice as counsel for the Plaf in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 11/14/23. (MJY) |
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| Wednesday, November 08, 2023 | ||
| 16 | 16
notice
Notice of Appearance
Wed 11/08 12:31 PM
NOTICE of Appearance by Robert Rich on behalf of All Defendants (Rich, Robert) Modified text on 11/8/2023 (CBD) |
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| Monday, November 06, 2023 | ||
| 15 | 15
service
Affidavit of Service
Mon 11/06 2:11 PM
AFFIDAVIT of Service for Complaint and Summons served on United States Attorney in Lexington; US Dept of Transportation; Peter Buttigieg; Todd Jeter; Shailen Bhatt on October 31, 2023, filed by Mid-America Milling Company. (Lycan, David) |
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| Wednesday, November 01, 2023 | ||
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misc
Bar Status Check
Wed 11/01 9:48 AM
BAR STATUS Check completed as to Cara Tolliver re14 MOTION for Cara M. Tolliver to Appear Pro Hac Vice. (CBD) |
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utility
Motion Submitted
Wed 11/01 9:56 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re14 MOTION for Cara M. Tolliver to Appear Pro Hac Vice (CBD) |
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| Tuesday, October 31, 2023 | ||
| 14 | 14
motion
Appear Pro Hac Vice
Tue 10/31 3:10 PM
MOTION for Cara M. Tolliver to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number AKYEDC-5686454)(Lycan, David) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Proposed Order
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| 13 | 13
motion
Appear Pro Hac Vice
Tue 10/31 3:04 PM
MOTION for Katherine D. Spitz to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number AKYEDC-5686435)(Lycan, David) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Proposed Order
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| 12 | 12
motion
Appear Pro Hac Vice
Tue 10/31 2:58 PM
MOTION for Richard M. Essenberg to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number BKYEDC-5686416)(Lycan, David) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Proposed Order
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| 11 | 11
misc
Disclosure Statement pursuant to FRCP 7.1
Tue 10/31 2:48 PM
FRCP 7.1 DISCLOSURE STATEMENT by Mid-America Milling Company identifying Corporate Parent Hughes Group, Inc. for Mid-America Milling Company.. (Lycan, David) |
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misc
Bar Status Check
Tue 10/31 3:08 PM
BAR STATUS Check completed as to Richard M. Esenburg, Kate Spitz re13 MOTION for Katherine D. Spitz to Appear Pro Hac Vice,12 MOTION for Richard M. Essenberg to Appear Pro Hac Vice. (CBD) |
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utility
Motion Submitted
Tue 10/31 3:09 PM
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re13 MOTION for Katherine D. Spitz,12 MOTION for Richard M. Esenberg to Appear Pro Hac Vice (CBD) |
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| Monday, October 30, 2023 | ||
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misc
Bar Status Check
Mon 10/30 9:59 AM
BAR STATUS Check completed as to Daniel P. Lennington re9 MOTION for Lennington to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number AKYEDC-5683906). (CBD) |
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Motion Submitted
Mon 10/30 9:59 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re9 MOTION for Lennington to Appear Pro Hac Vice (CBD) |
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| Friday, October 27, 2023 | ||
| 9 | 9
motion
Appear Pro Hac Vice
Fri 10/27 12:06 PM
MOTION for Lennington to Appear Pro Hac Vice by Mid-America Milling Company ( Filing fee $125; receipt number AKYEDC-5683906)(Lycan, David) |
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Att: 1
Attachment Certificate of Good Standing,
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Att: 2
Proposed Order
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| Thursday, October 26, 2023 | ||
| 10 | 10
notice
Notice of Clerical Error re: PDF Document
Mon 10/30 10:13 AM
NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: incomplete document attached to docket entry by docket clerk re3 Summons Issued ; Corrected document attached to this entry. *CBD* cc: COR (CBD) |
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| 8 | 8
notice
Attorney Notice
Thu 10/26 2:02 PM
NOTICE TO ATTORNEY Richard Esenburg by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) |
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| 7 | 7
notice
Attorney Notice
Thu 10/26 1:59 PM
NOTICE TO ATTORNEY Kate Spitz by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) |
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| 6 | 6
notice
Attorney Notice
Thu 10/26 1:59 PM
NOTICE TO ATTORNEY Daniel Lennington by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) |
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| 5 | 5
notice
Attorney Notice
Thu 10/26 1:58 PM
NOTICE TO ATTORNEY Cara Tolliver by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (CBD) |
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| 4 | 4
notice
Notice of Deficiency re: Rule 7.1 Disclosures
Thu 10/26 1:57 PM
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, David Eric Lycan.1 Complaint has been filed by Mid-America Milling Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) |
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| 3 | 3
service
Summons Issued/Reissued
Thu 10/26 1:29 PM
Summons Issued as to All Defendants and returned to counsel electronically for service. (CBD) |
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| 1 | 1
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cmp
Complaint
Thu 10/26 12:09 PM
VERIFIED COMPLAINT ( Filing fee $402; receipt number AKYEDC-5682551), filed by Mid-America Milling Company.(CBD) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons USDOT,
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Att: 3
Summons Buttigieg,
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Att: 4
Summons Jeter,
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Att: 5
Summons Bhatt
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misc
Conflict Check
Thu 10/26 12:10 PM
Conflict Check run. (CBD) |
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