Colley v. Ford Motor Company et al
| Tiffany Colley |
| Ford Motor Company, Goodyear Tire & Rubber Company, Goodyear Canada, Inc., Select One Auto Repair, Inc. a corporation doing business as Select One Auto Sales, John Does 1-36 and Cars, Inc. II of Biloxi a corporation doing business as Select One Auto Sales |
| 1:2014cv00194 |
| May 2, 2014 |
| US District Court for the Southern District of Mississippi |
| Southern Office |
| XX US, Outside State |
| Louis Guirola |
| John M Roper |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on July 24, 2014. A more recent docket listing may be available from PACER.
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Filing 53
Certified copies of the Order and Docket Sheet mailed to Circuit Court of Harrison County, MS, First Judicial District. (RLW)
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Filing 52
**ERROR**Disregard this entry. Certified copies of the Order and Docket Sheet mailed to Circuit Court of Harrison County, MS, First Judicial District. (RLW) Modified on 7/24/2014 (RLW).
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Filing 51
MEMORANDUM OPINION AND ORDER denying #26 Motion to Dismiss; granting #28 Motion to Remand. This lawsuit is remanded to the Circuit Court of the 1st Judicial District of Harrison County, MS. Ordered that a certified copy of this order of remand shall be immediately mailed by the Clerk of this Court to the clerk of the state court. Signed by Chief District Judge Louis Guirola, Jr. on 7/24/14. (RLW)
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DOCKET ANNOTATION as to #52: Disregard this entry. Clerk listed incorrect state court name in the letter. See docket #53 for correct entry. (RLW)
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TEXT ONLY ORDER granting #42 Motion for Leave to File Surrebuttal. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Chief District Judge Louis Guirola, Jr., on 7/15/2014. (BR)
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DOCKET ANNOTATION as to #34: In docketing the Amended Complaint, when prompted to select the party that the Amended Complaint was against, all defendants should have been selected. Attorney is not required to refile. (RLW)
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Filing 50
Joinder in Document by Ford Motor Company to #42 MOTION for Leave to File Surresponse to Plaintiff's Motion to Remand filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company, #43 Memorandum in Support of Motion filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company, #44 Response to Motion filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Kidd, D.)
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Filing 49
ANSWER to Complaint First Amended Complaint by Select One Auto Repair, Inc..(Vines, William)
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Filing 48
ANSWER to Complaint (Amended Complaint) by Ford Motor Company.(Kidd, D.)
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DOCKET ANNOTATION as to #44 and #45: The Motion for Leave to File Sur-Response is still pending before the court, therefore, the Sur-Response and Exhibit A were filed prematurely. (RLW)
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DOCKET ANNOTATION as to #42: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description (In the future, also include exhibit letter in description box). Attorney is advised to follow this rule in future filings. ******See previous annotation entered on 5/5/14. (RLW)
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Filing 47
ANSWER to Complaint with Jury Demand (Amended Complaint) by Goodyear Canada, Inc..(Wilkins, Jimmy)
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Filing 46
ANSWER to Complaint with Jury Demand (Amended Complaint) by Goodyear Tire & Rubber Company.(Wilkins, Jimmy)
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Filing 45
ATTACHMENT re #44 Response to Motion (Surresponse) by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Attachments: #1 Exhibit A - Complaint)(Wilkins, Jimmy)
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Filing 44
RESPONSE to Motion re #28 MOTION to Remand (Surresponse) filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Wilkins, Jimmy)
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Filing 43
MEMORANDUM in Support re #42 MOTION for Leave to File Surresponse to Plaintiff's Motion to Remand filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Wilkins, Jimmy)
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Filing 42
MOTION for Leave to File Surresponse to Plaintiff's Motion to Remand by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Attachments: #1 Exhibit Surresponse to Plfs Motion to Remand)(Wilkins, Jimmy)
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Filing 41
NOTICE of Appearance by William Matthew Vines on behalf of Select One Auto Repair, Inc. (Vines, William)
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Filing 40
SUMMONS Returned Executed by Tiffany Colley Cars, Inc. II of Biloxi served on 6/19/2014, answer due 7/10/2014. (Miller, Mary)
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Filing 39
REPLY to Response to Motion re #28 MOTION to Remand filed by Tiffany Colley (Miller, Mary)
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Filing 38
Rebuttal re #26 MOTION to Dismiss (Defendant Select One Auto Repair, Inc.'s Rebuttal Brief in Support of Motion to Dismiss) filed by Select One Auto Repair, Inc. (Attachments: #1 Exhibit A. Affidavit of John Bissell)(Vines, William)
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Filing 37
Summons Issued as to Cars, Inc. II of Biloxi. (JCH)
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Filing 36
RESPONSE in Opposition re #26 MOTION to Dismiss filed by Tiffany Colley (Miller, Mary)
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Filing 35
Joinder in Document by Ford Motor Company to #33 Memorandum in Support filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company, #32 Response to Motion, filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Kidd, D.)
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Filing 34
AMENDED COMPLAINT against Cars, Inc. of Biloxi d/b/a Select One Auto Sales, filed by Tiffany Colley.(Miller, Mary)
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Filing 33
MEMORANDUM IN SUPPORT re #32 Response to #28 Motion to Remand filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Wilkins, Jimmy)
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Filing 32
RESPONSE to Motion re #28 MOTION to Remand filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Attachments: #1 Exhibit 06-09-14 Letter to Plfs Counsel, #2 Exhibit University of South Alabama Medical Record)(Wilkins, Jimmy)
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DOCKET ANNOTATION as to #30: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description (In the future, include exhibit letter or number in description box). Attorney is advised to follow this rule in future filings. (RLW)
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Filing 31
MEMORANDUM in Opposition re #28 MOTION to Remand filed by Select One Auto Repair, Inc. (Vines, William)
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Filing 30
RESPONSE in Opposition re #28 MOTION to Remand filed by Select One Auto Repair, Inc. (Attachments: #1 Exhibit Affidavit of John Bissell)(Vines, William)
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DOCKET ANNOTATION as to #25: Incorrect event chosen. This case was removed to this court, therefore the event code "Answer to Complaint (Notice of Removal)" should have been used when the Answer was docketed. Attorney is not required to refile, but is advised to use this event code in the future for removal cases. (RLW)
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DOCKET ANNOTATION as to #28 and #29: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description (also include the exhibit numbers or letters in the description box). Attorney is advised to follow this rule in future filings. ALSO, the exhibits were inadvertently attached to the Motion instead of the Memorandum. (RLW)
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Filing 29
MEMORANDUM in Support re #28 MOTION to Remand filed by Tiffany Colley (Miller, Mary)
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Filing 28
MOTION to Remand by Tiffany Colley (Attachments: #1 Exhibit Affidavit, #2 Exhibit Select One Web Page, #3 Exhibit Service bulletins and manuals)(Miller, Mary)
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Filing 27
MEMORANDUM in Support re #26 MOTION to Dismiss filed by Select One Auto Repair, Inc. (Vines, William)
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Filing 26
MOTION to Dismiss by Select One Auto Repair, Inc. (Vines, William)
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Filing 25
ANSWER to Complaint by Select One Auto Repair, Inc..(Vines, William)
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Filing 24
Joinder in Document by Select One Auto Repair, Inc. to #1 Notice of Removal,, filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Vines, William)
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Filing 23
ORDER STAYING PROCEEDINGS. Signed by Magistrate Judge John M. Roper on 5/22/2014. (VLK)
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NOTICE of CANCELLED Calendar Setting: In light of the Order Staying Proceedings entered on 5/22/2014, the Telephonic Case Management Conference in this matter set for June 3, 2014 is CANCELLED. (VLK)
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Filing 22
NOTICE of Appearance by William Matthew Vines on behalf of Select One Auto Repair, Inc. (Vines, William)
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Filing 21
ORDER granting #20 Motion for Extension of Time to Respond to Motion #17 to Dismiss and Conduct Jurisdictional Discovery as unopposed. Plaintiff's deadline to respond to the Defendant's Motion to Dismiss #17 is extended by 90 days. Plaintiff is allowed to conduct jurisdictional discovery with respect to Goodyear Canada, Inc.'s contacts with the United States, including the State of Mississippi. Signed by Chief District Judge Louis Guirola, Jr., on 5/20/2014. (BR)
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Filing 20
Consent MOTION Motion for Extension of Time to response to Motion to Dismiss and Jurisdictional Discovery re #17 MOTION to Dismiss for Lack of Jurisdiction by Tiffany Colley (Miller, Mary)
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Filing 19
State Court Record by Defendants Goodyear Canada, Inc., Goodyear Tire & Rubber Company Volumes 1 (Wilkins, Jimmy)
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Filing 18
MEMORANDUM in Support re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Goodyear Canada, Inc. (Wilkins, Jimmy)
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Filing 17
MOTION to Dismiss for Lack of Jurisdiction by Goodyear Canada, Inc. (Attachments: #1 Exhibit A - Affidavit of Robin M. Hunter, #2 Exhibit A-1 - Goodyear Canada's Articles of Amalgamation, #3 Exhibit B - Plaintiff's Complaint)(Wilkins, Jimmy)
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Filing 16
DEMAND for Trial by Jury by Goodyear Canada, Inc. (Wilkins, Jimmy)
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DOCKET ANNOTATION as to #14: Incorrect event chosen. This is a Notice of Removal, and the event "Answer to Complaint (Notice of Removal)" should have been used when this Answer was docketed. Attorney is not required to refile. (RLW)
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DOCKET ANNOTATION as to #12: Pursuant to Fed.R.Cr.P. Rule 49(d) and Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e-mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Document is undated (on the certificate of service page), but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings. (RLW)
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Filing 15
Corporate Disclosure Statement by Ford Motor Company (Gunn, George)
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Filing 14
ANSWER to Complaint by Ford Motor Company.(Gunn, George)
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Filing 13
ANSWER to Complaint (Notice of Removal) by Goodyear Canada, Inc. (Wilkins, Jimmy)
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Filing 12
NOTICE of Appearance by Mary Leah Miller on behalf of Tiffany Colley (Miller, Mary)
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Filing 11
NOTICE of Appearance by David L. Ayers on behalf of Goodyear Tire & Rubber Company (Ayers, David)
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Remark: After discussing this matter with attorney's office, attorney is advised to disregard the portion of docket annotation entered on 5/5/14 advising to refile #5 Notice. (RLW)
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Filing 10
NOTICE of Appearance by J. Patrick Strubel on behalf of Ford Motor Company (Strubel, J.)
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Filing 9
NOTICE of Appearance by R. Gordon Sproule, Jr on behalf of Ford Motor Company (Sproule, R.)
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Filing 8
NOTICE of Appearance by Bradley W. Smith on behalf of Ford Motor Company (Smith, Bradley)
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Filing 7
Rule 16(a) Initial Order: Telephonic Case Management Conference set for 6/3/2014 at 10:15 AM before Magistrate Judge John M. Roper. Confidential case memoranda to be submitted to Judge Roper via email to roper_chambers@mssd.uscourts.gov on or before one week prior to the conference. The CONFIDENTIAL case memoranda is NOT to be exchanged and will be viewed only by the Court. Also, by same deadline, counsel are to submit a joint proposed Case Management Order. (VLK)
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DOCKET ANNOTATION as to #5: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description (In the future, include exhibit letter in description box). Attorney is advised to follow this rule in future filings. (RLW)
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DOCKET ANNOTATION as to #2 thru #5: Style of case incorrect as to the case number. Also, DOCKET ANNOTATION as to #5: Attorney is advised to refile this document using the correct event code "Joinder in Document" and link it to the appropriate document. The event code is located under Other Documents. Disregard document #5. (RLW)
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Filing 6
Joinder in Document by Ford Motor Company to #1 Notice of Removal,, filed by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Gunn, George)
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Filing 5
NOTICE OF FILING OF FORD MOTOR COMPANY'S CONSENT TO REMOVAL by Goodyear Tire & Rubber Company re #1 Notice of Removal (Attachments: #1 Exhibit Letter of Consent by Ford Motor Company) (Wilkins, Jimmy) Modified on 5/5/2014 (RLW).
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Filing 4
Corporate Disclosure Statement by Goodyear Canada, Inc., Goodyear Tire & Rubber Company (Wilkins, Jimmy)
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Filing 3
DEMAND for Trial by Jury by Goodyear Tire & Rubber Company (Wilkins, Jimmy)
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Filing 2
ANSWER to Complaint (Notice of Removal) by Goodyear Tire & Rubber Company (Wilkins, Jimmy)
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Filing 1
NOTICE OF REMOVAL by Goodyear Canada, Inc., Goodyear Tire & Rubber Company from Circuit Court of Harrison Co., MS, 1st Jud. Dist., case number 2401-14-89, with jury demand in lower court. (Filing fee $400.00, receipt number 14643005711) Pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Record) (RLW)
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