This case was last updated from PACER on 11/18/2018 at 07:33:55 (UTC).

Guenther v. BIMBO Foods Bakeries Distribution, LLC et al

Case Summary

On 09/19/2018 Guenther filed a Labor - Other Labor lawsuit against BIMBO Foods Bakeries Distribution, LLC. This case was filed in U.S. District Courts, Missouri Western District. The Judges overseeing this case are Fernando J. Gaitan, Jr and Nanette K. Laughrey. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:18-CV-00748

  • Filing Date:

    09/19/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Labor - Other Labor

  • Court:

    U.S. District Courts

  • Courthouse:

    Missouri Western District

Judge Details

Presiding Judges

Fernando J. Gaitan, Jr

Nanette K. Laughrey

 

Party Details

Plaintiff

Brian Guenther

Defendants

John Does 1-5

Craig Haussmann

Bimbo Bakeries USA, Inc.

Teamsters Local 955

BIMBO Foods Bakeries Distribution, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Andrew Schermerhorn

Attorney at The Klamann Law Firm

4435 Main Street, Suite 150

Kansas City, MO 64111

Paul Douglas Anderson

Attorney at The Klamann Law Firm

4435 Main Street, Suite 150

Kansas City, MO 64111

George E. Kapke, Jr.

Attorney at Kapke & Willerth, LLC

3304 Ne Ralph Powell Rd.

Lee'S Summit, MO 64064

John M. Klamann

Attorney at The Klamann Law Firm

4435 Main Street, Suite 150

Kansas City, MO 64111

Michael J. Fleming

Attorney at Kapke & Willerth, LLC

3304 Ne Ralph Powell Rd.

Lee'S Summit, MO 64064

Defendant Attorneys

Charles M. Poplstein

Attorney at Thompson Coburn LLP-2700

One Us Bank Plaza, Suite 2700

St. Louis, MO 63101-1686

Brian Lamping

Attorney at Thompson Coburn LLP-2700

One Us Bank Plaza, Suite 2700

St. Louis, MO 63101-1686

Kristen Elizabeth Sanocki

Attorney at Thompson Coburn LLP-2700

One Us Bank Plaza, Suite 2700

St. Louis, MO 63101-1686

Michael Amash

Attorney at Blake & Uhlig, PA

New Brotherhood Building, 753 State Avenue, Suite 475

Kansas City, KS 66101

 

Court Documents

#32

(#32) CLERK'S JUDGMENT (Matthes Mitra, Renea) (Entered: 11/16/2018)

#31

(#31) ORDER entered by Judge Nanette K. Laughrey. Plaintiff's motion to remand, Doc. #10 , is granted. However, Plaintiff's request for attorneys' fees and costs is denied. Defendants' motions to dismiss, Docs. #8 and #13 , are denied for lack of subject matter jurisdiction. The case is remanded to the Sixteenth Judicial Circuit Court of Jackson County, Missouri for all further proceedings. Signed on 11/16/2018 by District Judge Nanette K. Laughrey. (Levy, Lindsey) (Entered: 11/16/2018)

#30

(#30) DESIGNATION OF MEDIATOR naming Bill Sanders(Kapke, George) (Entered: 11/09/2018)

#29

(#29) NOTICE of appearance by Kristen Elizabeth Sanocki on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Craig Haussmann (Attorney Kristen Elizabeth Sanocki added to party Bimbo Bakeries USA, Inc.(pty:dft), Attorney Kristen Elizabeth Sanocki added to party Bimbo Foods Bakeries Distribution, LLC(pty:dft), Attorney Kristen Elizabeth Sanocki added to party Craig Haussmann(pty:dft))(Sanocki, Kristen) (Entered: 11/02/2018)

#28

(#28) REPLY SUGGESTIONS to motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles M. Poplstein on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Craig Haussmann. (Related document(s) #13 ) (Poplstein, Charles) (Entered: 10/31/2018)

#27

(#27) CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Michael Amash on behalf of Defendant Teamsters Local 955.(Amash, Michael) (Entered: 10/31/2018)

#13

(#28) REPLY SUGGESTIONS to motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles M. Poplstein on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Craig Haussmann. (Related document(s) #13 ) (Poplstein, Charles) (Entered: 10/31/2018)

#10

(#31) ORDER entered by Judge Nanette K. Laughrey. Plaintiff's motion to remand, Doc. #10 , is granted. However, Plaintiff's request for attorneys' fees and costs is denied. Defendants' motions to dismiss, Docs. #8 and #13 , are denied for lack of subject matter jurisdiction. The case is remanded to the Sixteenth Judicial Circuit Court of Jackson County, Missouri for all further proceedings. Signed on 11/16/2018 by District Judge Nanette K. Laughrey. (Levy, Lindsey) (Entered: 11/16/2018)

#8

(#24) REPLY SUGGESTIONS to motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Amash on behalf of Defendant Teamsters Local 955. (Related document(s) #8 ) (Amash, Michael) (Entered: 10/18/2018)

#4

(#4) NOTICE of appearance by Brian Lamping on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC (Attorney Brian Lamping added to party Bimbo Bakeries USA, Inc.(pty:dft), Attorney Brian Lamping added to party Bimbo Foods Bakeries Distribution, LLC(pty:dft))(Lamping, Brian) (Entered: 09/25/2018)

#3

(#3) RULE 16 NOTICE. Please see text of order. Signed on 9/19/2018 by District Judge Fernando J. Gaitan, Jr. (Shawver, Marylynn) (Entered: 09/19/2018)

2 #1

MAP General Order

#2

(#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Lajuana M. Counts. (Attachments: #1 MAP General Order)(Woods, Gloria) (Entered: 09/19/2018)

1 #4

Civil Cover Sheet

1 #3

Exhibit C: State Court Docket

1 #2

Exhibit B: CBA

1 #1

Exhibit A: Complaint

#1

(#1) NOTICE OF REMOVAL from Sixteenth Judicial Court County, case number 1816-CV21121, filed by Michael Amash on behalf of Teamsters Local 955. Filing fee $ 400, receipt number AMOWDC-5945757. (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: CBA, #3 Exhibit C: State Court Docket)(Amash, Michael) (Additional attachment(s) added on 9/19/2018: #4 Civil Cover Sheet) (Woods, Gloria). (Entered: 09/19/2018)

33 More Documents Available

 

Docket Entries

  • 11/16/2018
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  • (#32) CLERK'S JUDGMENT (Matthes Mitra, Renea) (Entered: 11/16/2018)

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  • 11/16/2018
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  • (#31) ORDER entered by Judge Nanette K. Laughrey. Plaintiff's motion to remand, Doc. #10 , is granted. However, Plaintiff's request for attorneys' fees and costs is denied. Defendants' motions to dismiss, Docs. #8 and #13 , are denied for lack of subject matter jurisdiction. The case is remanded to the Sixteenth Judicial Circuit Court of Jackson County, Missouri for all further proceedings. Signed on 11/16/2018 by District Judge Nanette K. Laughrey. (Levy, Lindsey) (Entered: 11/16/2018)

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  • 11/14/2018
  • NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) (Entered: 11/14/2018)

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  • 11/09/2018
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  • (#30) DESIGNATION OF MEDIATOR naming Bill Sanders(Kapke, George) (Entered: 11/09/2018)

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  • 11/02/2018
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  • (#29) NOTICE of appearance by Kristen Elizabeth Sanocki on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Craig Haussmann (Attorney Kristen Elizabeth Sanocki added to party Bimbo Bakeries USA, Inc.(pty:dft), Attorney Kristen Elizabeth Sanocki added to party Bimbo Foods Bakeries Distribution, LLC(pty:dft), Attorney Kristen Elizabeth Sanocki added to party Craig Haussmann(pty:dft))(Sanocki, Kristen) (Entered: 11/02/2018)

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  • 10/31/2018
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  • (#28) REPLY SUGGESTIONS to motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles M. Poplstein on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Craig Haussmann. (Related document(s) #13 ) (Poplstein, Charles) (Entered: 10/31/2018)

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  • 10/31/2018
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  • (#27) CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Michael Amash on behalf of Defendant Teamsters Local 955.(Amash, Michael) (Entered: 10/31/2018)

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  • 10/23/2018
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  • (#26) CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by George E. Kapke, Jr on behalf of Plaintiff Brian Guenther.(Kapke, George) (Entered: 10/23/2018)

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  • 10/19/2018
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  • (#25) Joint PROPOSED SCHEDULING ORDER by Brian Guenther. (Schermerhorn, Andrew) Modified on 10/24/2018: Main document replaced. Per Administrative Procedures, proposed scheduling orders should not contain a signature line for the presiding judge. The proposed scheduling order should include the electronic signature of both the filing and opposing counsel. NEF regenerated. (Melvin, Greg) (Entered: 10/19/2018)

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  • 10/18/2018
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  • (#24) REPLY SUGGESTIONS to motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Amash on behalf of Defendant Teamsters Local 955. (Related document(s) #8 ) (Amash, Michael) (Entered: 10/18/2018)

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15 More Docket Entries
  • 09/26/2018
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  • (#9) SUGGESTIONS in support re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Amash on behalf of Defendant Teamsters Local 955. (Attachments: #1 A - CBA)(Related document(s) #8 ) (Amash, Michael) (Entered: 09/26/2018)

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  • 09/26/2018
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  • (#8) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Amash on behalf of Teamsters Local 955. Suggestions in opposition/response due by 10/10/2018 unless otherwise directed by the court. (Amash, Michael) (Entered: 09/26/2018)

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  • 09/25/2018
  • Utility - Answer due dates; Bimbo Bakeries USA, Inc. 10/5/2018; Bimbo Foods Bakeries Distribution, LLC 10/5/2018; Craig Haussmann 10/5/2018. (Anderson, Christy) (Entered: 09/25/2018)

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  • 09/25/2018
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  • (#7) ORDER granting #5 motion for extension of time to file answer. Defendants BIMBO Bakeries USA, Inc, BIMBO Foods Bakeries Distribution, LLC and Craig Haussmann answers due on or before 10/5/18. Signed on 9/25/18 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy) (Entered: 09/25/2018)

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  • 09/25/2018
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  • (#6) NOTICE of appearance by Charles M. Poplstein on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Craig Haussmann (Attorney Charles M. Poplstein added to party Bimbo Bakeries USA, Inc.(pty:dft), Attorney Charles M. Poplstein added to party Bimbo Foods Bakeries Distribution, LLC(pty:dft), Attorney Charles M. Poplstein added to party Craig Haussmann(pty:dft))(Poplstein, Charles) (Entered: 09/25/2018)

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  • 09/25/2018
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  • (#5) Consent MOTION for extension of time to file response/reply Responsive Pleadings filed by Brian Lamping on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Craig Haussmann. Suggestions in opposition/response due by 10/9/2018 unless otherwise directed by the court. (Lamping, Brian) (Entered: 09/25/2018)

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  • 09/25/2018
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  • (#4) NOTICE of appearance by Brian Lamping on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC (Attorney Brian Lamping added to party Bimbo Bakeries USA, Inc.(pty:dft), Attorney Brian Lamping added to party Bimbo Foods Bakeries Distribution, LLC(pty:dft))(Lamping, Brian) (Entered: 09/25/2018)

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  • 09/19/2018
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  • (#3) RULE 16 NOTICE. Please see text of order. Signed on 9/19/2018 by District Judge Fernando J. Gaitan, Jr. (Shawver, Marylynn) (Entered: 09/19/2018)

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  • 09/19/2018
  • View Court Documents
  • (#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Lajuana M. Counts. (Attachments: #1 MAP General Order)(Woods, Gloria) (Entered: 09/19/2018)

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  • 09/19/2018
  • View Court Documents
  • (#1) NOTICE OF REMOVAL from Sixteenth Judicial Court County, case number 1816-CV21121, filed by Michael Amash on behalf of Teamsters Local 955. Filing fee $ 400, receipt number AMOWDC-5945757. (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: CBA, #3 Exhibit C: State Court Docket)(Amash, Michael) (Additional attachment(s) added on 9/19/2018: #4 Civil Cover Sheet) (Woods, Gloria). (Entered: 09/19/2018)

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