This case was last updated from PACER on 07/13/2020 at 05:22:09 (UTC).

Big Red Freight Systems, Inc. v. Sherman R. Laney, III et al

Case Summary

On 11/18/2019 Big Red Freight Systems, Inc filed a Contract - Other Contract lawsuit against Sherman R Laney, III. This case was filed in U.S. District Courts, Texas Eastern District. The Judge overseeing this case is Robert W. Schroeder, III. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:19-CV-00846

  • Filing Date:

    11/18/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Texas Eastern District

Judge Details

Presiding Judge

Robert W. Schroeder, III

 

Party Details

Plaintiff

Big Red Freight Systems, Inc.

Defendants

William M. Willis

Sherman R. Laney, III

O.P.M. Trucking, LTD.

Sherman R. Laney, III Co-Executor of the Estate of Sherman R. Laney, Jr., Deceased, Individually and d/b/a O.P.M. Trucking, Ltd., and the Estate of Kathy L. Chappel, Deceased, is an individual Ohio resident.

William M. Willis Co-Executor of the Estate of Sherman R. Laney, Jr., Deceased, Individually and d/b/a O.P.M. Trucking, Ltd., and the Estate of Kathy L. Chappel, Deceased, is an individual Ohio resident.

Attorney/Law Firm Details

Plaintiff Attorney

Michael Kevin Queenan

Attorney at Queenan Law Firm, P.C.

731 Station Drive

Arlington, TX 76015

Defendant Attorneys

Emily Margaret Hahn

Attorney at Abernathy Roeder Boyd & Hullett, PC

1700 Redbud Blvd., Suite 300

Mckinney, TX 75069

Ross Wells

Attorney at Abernathy Roeder Boyd & Hullett, PC

1700 Redbud Blvd., Suite 300

Mckinney, TX 75069

Charles Joseph Crawford

Attorney at Abernathy Roeder Boyd & Hullett, PC

1700 Redbud Blvd., Suite 300

Mckinney, TX 75069

 

Court Documents

#18

(#18) DOCKET CONTROL ORDER - Pretrial Conference set for 11/3/2020 10:00 AM in (Texarkana) before District Judge Robert W. Schroeder III., Amended Pleadings due by 9/15/2020., Discovery due by 8/18/2020., Jury Trial set for 11/16/2020 09:00 AM in (Sherman) before District Judge Robert W. Schroeder III., Motions due by 10/27/2020., Proposed Pretrial Order due by 10/20/2020. Pretrial Conference set for 11/3/2020 10:00 AM in (Texarkana) before District Judge Robert W. Schroeder III., Amended Pleadings due by 9/15/2020., Discovery due by 8/18/2020., Jury Trial set for 11/16/2020 09:00 AM in (Sherman) before District Judge Robert W. Schroeder III., Motions due by 10/27/2020., Proposed Pretrial Order due by 10/20/2020., Bench Trial set for 11/16/2020 09:00 AM in (Sherman) before District Judge Robert W. Schroeder III. Pretrial Conference set for 11/3/2020 10:00 AM in (Texarkana) before District Judge Robert W. Schroeder III., Jury Trial set for 11/16/2020 09:00 AM in (Sherman) before District (Sherman) before District Judge Robert W. Schroeder III Amended Pleadings due by 9/15/2020., Discovery due by 8/18/2020., Motions due by 10/27/2020., Proposed Pretrial Order due by 10/20/2020.. Signed by District Judge Robert W. Schroeder, III on 1/10/2020. (ch, ) (Entered: 01/10/2020)

#17

(#17) NOTICE of Attorney Appearance by Charles Joseph Crawford on behalf of All Defendants (Crawford, Charles) (Entered: 01/10/2020)

#16

(#16) ORDER - Court hereby CANCELS the scheduling conference in the above-titled matter previously set for January 15, 2020. Signed by District Judge Robert W. Schroeder, III on 1/10/2020. (ch, ) (Entered: 01/10/2020)

#15

(#15) DISCOVERY ORDER granting #13 Discovery Order. Signed by District Judge Robert W. Schroeder, III on 1/10/2020. (ch, ) (Entered: 01/10/2020)

14 #2

Text of Proposed Order Discovery Control Order

#14

(#14) Submission of Proposed Agreed Docket Control/Scheduling order by Big Red Freight Systems, Inc. . (Attachments: #1 Text of Proposed Order Docket Control Order, #2 Text of Proposed Order Discovery Control Order)(Queenan, Michael) (Entered: 01/10/2020)

13 #2

Text of Proposed Order Discovery Control Order

13 #1

Text of Proposed Order Docket Control Order

#13

(#13) Submission of Proposed Agreed Docket Control/Scheduling order by Big Red Freight Systems, Inc. . (Attachments: #1 Text of Proposed Order Docket Control Order, #2 Text of Proposed Order Discovery Control Order)(Queenan, Michael) (Entered: 01/08/2020)

3 #3

Affidavit

3 #2

Exhibit

#3

NOTICE of Deficiency regarding the #3 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) submitted by O.P.M. Trucking, LTD., Sherman R. Laney, III, William M. Willis. The exhibits do not comply with Local Rule CV-5. A proposed order is also required, Local Rule CV-7(a). Correction should be made by one business day. (rpc, ) (Entered: 11/19/2019)

2 #2

Exhibit B

2 #1

Exhibit A

#2

(#2) ***ORIGINALLY FILED IN STATE COURT*** PETITION against O.P.M. Trucking, LTD., Sherman R. Laney, III, William M. Willis, filed by Big Red Freight Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(rpc, ) (Entered: 11/18/2019)

1 #2

Exhibit TAB B

1 #1

Exhibit TAB A

#1

(#1) NOTICE OF REMOVAL by All Defendants from 401st District Court, Collin County, Texas, case number 401-05872-2019. (Filing fee $ 400 receipt number 0540-7530469), filed by All Defendants. (Attachments: #1 Exhibit TAB A, #2 Exhibit TAB B)(Hahn, Emily) (Additional attachment(s) added on 11/19/2019: #3 Civil Cover Sheet) (rpc, ). (Entered: 11/18/2019)

40 More Documents Available

 

Docket Entries

  • 01/10/2020
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  • Docket(#18) DOCKET CONTROL ORDER - Pretrial Conference set for 11/3/2020 10:00 AM in (Texarkana) before District Judge Robert W. Schroeder III., Amended Pleadings due by 9/15/2020., Discovery due by 8/18/2020., Jury Trial set for 11/16/2020 09:00 AM in (Sherman) before District Judge Robert W. Schroeder III., Motions due by 10/27/2020., Proposed Pretrial Order due by 10/20/2020. Pretrial Conference set for 11/3/2020 10:00 AM in (Texarkana) before District Judge Robert W. Schroeder III., Amended Pleadings due by 9/15/2020., Discovery due by 8/18/2020., Jury Trial set for 11/16/2020 09:00 AM in (Sherman) before District Judge Robert W. Schroeder III., Motions due by 10/27/2020., Proposed Pretrial Order due by 10/20/2020., Bench Trial set for 11/16/2020 09:00 AM in (Sherman) before District Judge Robert W. Schroeder III. Pretrial Conference set for 11/3/2020 10:00 AM in (Texarkana) before District Judge Robert W. Schroeder III., Jury Trial set for 11/16/2020 09:00 AM in (Sherman) before District (Sherman) before District Judge Robert W. Schroeder III Amended Pleadings due by 9/15/2020., Discovery due by 8/18/2020., Motions due by 10/27/2020., Proposed Pretrial Order due by 10/20/2020.. Signed by District Judge Robert W. Schroeder, III on 1/10/2020. (ch, ) (Entered: 01/10/2020)

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  • 01/10/2020
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  • Docket(#17) NOTICE of Attorney Appearance by Charles Joseph Crawford on behalf of All Defendants (Crawford, Charles) (Entered: 01/10/2020)

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  • 01/10/2020
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  • Docket(#16) ORDER - Court hereby CANCELS the scheduling conference in the above-titled matter previously set for January 15, 2020. Signed by District Judge Robert W. Schroeder, III on 1/10/2020. (ch, ) (Entered: 01/10/2020)

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  • 01/10/2020
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  • Docket(#15) DISCOVERY ORDER granting #13 Discovery Order. Signed by District Judge Robert W. Schroeder, III on 1/10/2020. (ch, ) (Entered: 01/10/2020)

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  • 01/10/2020
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  • Docket(#14) Submission of Proposed Agreed Docket Control/Scheduling order by Big Red Freight Systems, Inc. . (Attachments: #1 Text of Proposed Order Docket Control Order, #2 Text of Proposed Order Discovery Control Order)(Queenan, Michael) (Entered: 01/10/2020)

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  • 01/08/2020
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  • (#13) Submission of Proposed Agreed Docket Control/Scheduling order by Big Red Freight Systems, Inc. . (Attachments: #1 Text of Proposed Order Docket Control Order, #2 Text of Proposed Order Discovery Control Order)(Queenan, Michael) (Entered: 01/08/2020)

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  • 01/03/2020
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  • (#12) ORDER Setting Hearing on #4 MOTION to Dismiss. Motion Hearing set for 1/28/2020 at 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Signed by District Judge Robert W. Schroeder, III on 1/3/2020. (rpc, ) (Entered: 01/03/2020)

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  • 01/02/2020
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  • (#11) SUR-REPLY to Reply to Response to Motion re #4 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) filed by Big Red Freight Systems, Inc.. (Queenan, Michael) (Entered: 01/02/2020)

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  • 12/26/2019
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  • (#10) REPLY to Response to Motion re #4 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) and Objections to the Affidavit of Frank A. Catalani III filed by O.P.M. Trucking, LTD., Sherman R. Laney, III, William M. Willis. (Hahn, Emily) (Entered: 12/26/2019)

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  • 12/17/2019
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  • (#9) RESPONSE to Motion re #4 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) filed by Big Red Freight Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit B, #7 Text of Proposed Order)(Queenan, Michael) (Entered: 12/17/2019)

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1 More Docket Entries
  • 12/16/2019
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  • (#7) NOTICE of Readiness for Scheduling Conference by Big Red Freight Systems, Inc. (Queenan, Michael) (Entered: 12/16/2019)

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  • 12/03/2019
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  • (#6) ORDER granting #5 Motion for Extension of Time to File Response. It is therefore ORDERED that the deadline for Plaintiff to respond to Defendants' motion to dismiss #4 is extended to December 17, 2019. Signed by District Judge Robert W. Schroeder, III on 12/3/2019. (rpc, ) (Entered: 12/03/2019)

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  • 12/02/2019
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  • (#5) MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) by Big Red Freight Systems, Inc.. (Attachments: #1 Text of Proposed Order)(Queenan, Michael) (Entered: 12/02/2019)

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  • 11/19/2019
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  • (#4) MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) by O.P.M. Trucking, LTD., Sherman R. Laney, III, William M. Willis. (Attachments: #1 Affidavit of Sherman Laney, III, #2 Exhibit 1 to Exhibit A, #3 Exhibit 2 to Exhibit A, #4 Exhibit 3 to Exhibit A, #5 Exhibit 4 to Exhibit A, #6 Affidavit of William M. Willis, #7 Text of Proposed Order)(Hahn, Emily) (Entered: 11/19/2019)

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  • 11/19/2019
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  • NOTICE of Deficiency regarding the #3 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) submitted by O.P.M. Trucking, LTD., Sherman R. Laney, III, William M. Willis. The exhibits do not comply with Local Rule CV-5. A proposed order is also required, Local Rule CV-7(a). Correction should be made by one business day. (rpc, ) (Entered: 11/19/2019)

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  • 11/18/2019
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  • (#3) ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) by O.P.M. Trucking, LTD., Sherman R. Laney, III, William M. Willis. (Attachments: #1 Affidavit, #2 Exhibit, #3 Affidavit)(Hahn, Emily) Modified on 11/19/2019 (rpc, ). (Entered: 11/18/2019)

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  • 11/18/2019
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  • (#2) ***ORIGINALLY FILED IN STATE COURT*** PETITION against O.P.M. Trucking, LTD., Sherman R. Laney, III, William M. Willis, filed by Big Red Freight Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(rpc, ) (Entered: 11/18/2019)

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  • 11/18/2019
  • In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) (Entered: 11/18/2019)

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  • 11/18/2019
  • Case Assigned to District Judge Robert W. Schroeder, III. (rpc, ) (Entered: 11/18/2019)

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  • 11/18/2019
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  • (#1) NOTICE OF REMOVAL by All Defendants from 401st District Court, Collin County, Texas, case number 401-05872-2019. (Filing fee $ 400 receipt number 0540-7530469), filed by All Defendants. (Attachments: #1 Exhibit TAB A, #2 Exhibit TAB B)(Hahn, Emily) (Additional attachment(s) added on 11/19/2019: #3 Civil Cover Sheet) (rpc, ). (Entered: 11/18/2019)

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