This case was last updated from U.S. District Courts on 12/07/2018 at 07:02:48 (UTC).

Schutz v. Bimbo Foods Bakeries Distribution, LLC et al

Case Summary

On 10/08/2018 Schutz filed a Labor - National Labor Relations Act lawsuit against Bimbo Foods Bakeries Distribution, LLC. This case was filed in U.S. District Courts, Missouri Western District Court. The Judge overseeing this case is Nanette K. Laughrey. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:18-CV-00793

  • Filing Date:

    10/08/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Labor - National Labor Relations Act

Judge Details

Presiding Judge

Nanette K. Laughrey

 

Party Details

Plaintiff

Steven Schutz

Defendants

Bimbo Bakeries USA, Inc.

Teamsters Local 955

Bimbo Foods Bakeries Distribution, LLC

Master's Transportation Inc.

John Does 1-5

Attorney/Law Firm Details

Plaintiff Attorneys

Paul Douglas Anderson

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

Andrew Schermerhorn

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

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

Rita L. Hoop

Attorney at Waits Brownlee Berger Hoop & Johnston

401 West 89Th Street

Kansas City, MO 64114-3501

 

Court Documents

#37

#36

#35

#34

#16

#14

13 #1

Affidavit Exhibit A

#13

#5

#4

#3

#2

1 #5

Civil Cover Sheet

1 #4

Notice of Exhibit Attachment Notice of Removal to State Court

1 #3

Notice of Exhibit Attachment Notice of Removal to Plaintiff

1 #2

Exhibit Notice of Removal, Ex. B

1 #1

Exhibit Notice of Removal, Ex. A

#1

45 More Documents Available

 

Docket Entries

  • 11/19/2018
  • DocketRemand letter and instructions sent to Circuit Court of Jackson County, Missouri at Independence. This is a text entry only - no document is attached (Melvin, Greg) (Entered: 11/19/2018)

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  • 11/16/2018
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  • Docket(#37) CLERK'S JUDGMENT (Matthes Mitra, Renea) (Entered: 11/16/2018)

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  • 11/16/2018
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  • Docket(#36) ORDER entered by Judge Nanette K. Laughrey. Plaintiff's motion to remand, Doc. #5 , is granted. However, Plaintiff's request for attorneys' fees and costs is denied. Defendants' motions to dismiss, Docs. #13 , #14 , and #16 , 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
  • DocketNOTICE 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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  • Docket(#35) REPLY SUGGESTIONS to motion re #14 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. (Related document(s) #14 ) (Poplstein, Charles) (Entered: 11/09/2018)

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  • 11/09/2018
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  • Docket(#34) DESIGNATION OF MEDIATOR naming Bill Sanders(Kapke, George) (Entered: 11/09/2018)

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  • 11/05/2018
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  • Docket(#33) ORDER entered by Judge Nanette K. Laughrey. Sur-replies are not permitted to allow a party to present an argument that they had an opportunity to and should have presented previously. Defendants were on notice and had an opportunity to respond to Plaintiff's argument that removing parties "must identify the specific provision" of a collective bargaining agreement that actually sets forth the right upon which Plaintiff's claim is arguably based or that requires the Court's interpretation, as the issue was raised in Plaintiff's initial suggestions in support of the motion to remand. See Doc. #6 , pp. 6, 12 (citing Markham v. Wertin, 861 F.3d 748 (8th Cir. 2017). Thus, Defendants' motion for leave to file a sur-reply, Doc. #27 , is denied. Signed on 11/5/2018 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levy, Lindsey) (Entered: 11/05/2018)

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  • 11/02/2018
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  • Docket(#32) REPLY SUGGESTIONS to motion re #27 Joint MOTION for leave to file Sur-Reply filed by Michael Amash on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC, Teamsters Local 955. (Related document(s) #27 ) (Amash, Michael) (Entered: 11/02/2018)

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  • 11/02/2018
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  • Docket(#31) NOTICE of appearance by Kristen Elizabeth Sanocki on behalf of Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC (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))(Sanocki, Kristen) (Entered: 11/02/2018)

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  • 10/31/2018
  • Docket(#30) ORDER entered by Judge Nanette K. Laughrey. Defendants' reply suggestions to the Motion for Leave to File Sur-Reply is due by 11/2/2018. Signed on 10/31/18 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 10/31/2018)

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21 More Docket Entries
  • 10/12/2018
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  • Docket(#10) ORDER. Proposed scheduling order due by 10/19/2018. Rule 26 conference due by 10/17/2018. Signed on 10/12/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 10/12/2018)

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  • 10/12/2018
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  • Docket(#9) ORDER ON PRETRIAL PROCEDURES. Signed on 10/12/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 10/12/2018)

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  • 10/12/2018
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  • Docket(#8) ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. Chief District Judge Greg Kays no longer assigned to case. Signed on 10/12/18 by Chief District Judge Greg Kays. (Strodtman, Tracy) (Entered: 10/12/2018)

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  • 10/11/2018
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  • Docket(#7) SUGGESTIONS in opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. Reply suggestions due by 10/25/2018. (Schermerhorn, Andrew) Modified on 10/15/2018: Docket text changed to match filing event. Doc. 7 now linked to Doc. 13. NEF regenerated. (Melvin, Greg) (Entered: 10/11/2018)

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  • 10/11/2018
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  • Docket(#6) SUGGESTIONS in support re #5 MOTION to remand filed by Andrew Schermerhorn on behalf of Plaintiff Steven Schutz. (Related document(s) #5 ) (Schermerhorn, Andrew) (Entered: 10/11/2018)

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  • 10/11/2018
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  • Docket(#5) MOTION to remand filed by Andrew Schermerhorn on behalf of Steven Schutz. Suggestions in opposition/response due by 10/25/2018 unless otherwise directed by the court. (Schermerhorn, Andrew) (Entered: 10/11/2018)

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  • 10/09/2018
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  • Docket(#4) 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 an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) (Entered: 10/09/2018)

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  • 10/09/2018
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  • Docket(#3) 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: 10/09/2018)

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  • 10/08/2018
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  • Docket(#2) DISCLOSURE OF CORPORATE INTERESTS filed by Charles M. Poplstein on behalf of Defendants Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC.(Poplstein, Charles) (Entered: 10/08/2018)

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  • 10/08/2018
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  • Docket(#1) NOTICE OF REMOVAL Bimbo Bakeries USA, Inc., Bimbo Foods Bakeries Distribution, LLC. Filing fee $ 400, receipt number AMOWDC-5974471. (Attachments: #1 Exhibit Notice of Removal, Ex. A, #2 Exhibit Notice of Removal, Ex. B, #3 Notice of Exhibit Attachment Notice of Removal to Plaintiff, #4 Notice of Exhibit Attachment Notice of Removal to State Court, #5 Civil Cover Sheet)(Poplstein, Charles) (Entered: 10/08/2018)

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