Carnley v. Hanger Prosthetics & Orthotics, Inc., et al.
| Wayne Carnley and Mary Carnley |
| The Hosmer Dorrance Corporation, Fillauer LLC, Hanger Prosthetics & Orthotics, Inc. and Fillauer Companies, Inc. |
| 1:2015cv00364 |
| May 26, 2015 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Houston |
| Gray M Borden |
| William Keith Watkins |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on May 31, 2016. A more recent docket listing may be available from PACER.
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Filing 35
ORDER: Upon consideration of the parties #34 Joint Stipulation of Dismissal, which comports with FRCP 41(a)(1)(A)(ii), this action has been dismissed with prejudice by operation of Rule 41, on the terms agreed to and set out by the parties. The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 5/31/2016. (Attachments: #1 Civil Appeals Checklist) Copies furnished to calendar group, AR. (Deadlines terminated: Jury Trial set for 1/23/2017 and Final Pretrial Conference set for 12/15/16.)(dmn, )
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| Filing 34 JOINT STIPULATION of Dismissal by Hanger Prosthetics & Orthotics, Inc., Wayne Carnley, The Hosmer Dorrance Corporation, Fillauer LLC, and Fillauer Companies, Inc. (Hooper, Sanford) Modified on 5/31/2016 to include additional filers. (dmn, ) |
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Filing 33
ORDERED that on or before 5/31/2016, the parties shall file a joint stipulation of dismissal in accordance with Rule 41(a)(1)(A)(ii) FRCP. Signed by Chief Judge William Keith Watkins on 4/19/2016. (wcl, )
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Filing 32
ORDER that the parties' #30 Joint Motion to Extend Discovery Deadline is GRANTED. The discovery deadline in Section of the #16 Uniform Scheduling Order is EXTENDED from 2/26/2016, to and including 7/18/2016. Signed by Chief Judge William Keith Watkins on 2/19/2016. (dmn, )
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| Filing 31 NOTICE of Correction re #30 Joint Motion. The original pdf did not contain names of individual. The corrected pdf is attached to this notice. (Attachments: #1 Corrected pdf of Doc. #30 )(dmn, ) |
| Filing 30 Joint MOTION to Extend Discovery Deadline by Hanger Prosthetics & Orthotics, Inc., Fillauer Companies, Inc., Wayne Carnley, Fillauer LLC, The Hosmer Dorrance Corporation. (Hooper, Sanford) Modified on 2/17/2016 to include additional filers. (dmn, ) (Main Document 30 replaced on 2/18/2016 to reflect proper filer names in document and under attorney signatures.) (dmn, ). Modified on 2/18/2016 (dmn, ). |
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Filing 29
ORDERED as follows: (1) Counsel for Plaintiff's #22 Motion for Substitution of Party is GRANTED and Wayne Carnley, as personal representative of the Estate of Mary Frances Carnley, is SUBSTITUTED in place of Plaintiff Mary Carnley; (2) The parties are DIRECTED to use the new caption as it appears on this Order for all future submissions to the court, and the Clerk of the Court is DIRECTED to change the caption accordingly; and (3) Defendants' #24 joint objection is OVERRULED. Signed by Chief Judge William Keith Watkins on 2/12/2016. (kh, )
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| Filing 28 NOTICE of Non-Compliance re #27 Notice of Filing Answers. The referenced document is discovery and is not allowed pursuant to Local Rule 26.3 NON-FILING OF CIVIL DISCOVERY. The document is hereby STRICKEN from the record and the parties are instructed to disregard the entry of this document on the court's docket. (dmn, ) |
| Filing 27 [STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE of Filing Answers to Defendant, Hanger Prosthetics & Orthotics, Inc.'s First Consolidated Discovery Requests by Mary Carnley (Cary, Tracy) Modified on 2/10/2016. (dmn, ) |
| Filing 26 NOTICE of Filing Exemplified Letters of Administration by Mary Carnley re #22 MOTION to Substitute Party. (Cary, Tracy) Modified on 2/10/2016 to reflect actual title. (dmn, ) |
| Filing 25 RESPONSE to Defendants' #22 Joint Objection to Plaintiff's Motion for Substitution of Party filed by Mary Carnley. (Cary, Tracy) Modified on 1/29/2016 to reflect actual title. (dmn, ) |
| Filing 24 JOINT Objection to Plaintiff's #22 MOTION to Substitute Party filed by Fillauer Companies, Inc., Fillauer LLC, The Hosmer Dorrance Corporation, Hanger Prosthetics & Orthotics, Inc. (Berdy, Christopher) Modified on 1/28/2016 to add additional filers. (dmn, ) |
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Filing 23
ORDER directing Defendants TO SHOW CAUSE as to why the #22 Motion for Substitution of Party filed by Mary Carnley should not be granted. Show Cause Response due by 1/27/2016. Signed by Chief Judge William Keith Watkins on 1/21/2016. (dmn, )
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| Filing 22 MOTION to Substitute Party by Mary Carnley. (Attachments: #1 Exhibit Letters of Administration, #2 Exhibit Order Appointing Personal Representative, #3 Text of Proposed Order Proposed Order)(Cary, Tracy) |
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Filing 21
ORDER: Before the court is the #20 Suggestion of Death, notifying the court of the death of Plaintiff Mary Carnley. Pursuant to FRCP 25(a), a motion for substitution may be made by any party within ninety (90) days of the notice of death. FRCP 25(a)(1). Accordingly, it is ORDERED that the parties have until on or before 2/15/2016, to file the substitution motion required by Rule 25(a). If the substitution motion is not made by the 2/15/2016 deadline, this action will be dismissed pursuant to Rule 25(a)(1)s directives. Signed by Chief Judge William Keith Watkins on 11/20/2015. (dmn, )
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| Filing 20 SUGGESTION OF DEATH Upon the Record as to Plaintiff Mary Carnley by Hanger Prosthetics & Orthotics, Inc.. (Kappel, Brian) |
| Case reassigned to Honorable Judge Gray Michael Borden as referral judge. Honorable Judge Susan Russ Walker no longer assigned to the case as referral judge. (dmn, ) (NO PDF) |
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Filing 19
PROTECTIVE ORDER granting #18 Unopposed Motion for Protective Order as further set out in the order. Signed by Honorable Judge Susan Russ Walker on 9/22/2015. (dmn, )
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| Filing 18 MOTION for Protective Order by Hanger Prosthetics & Orthotics, Inc.. (Attachments: #1 Exhibit A)(Kappel, Brian) |
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Filing 17
TEXT ORDER granting #2 Motion for Leave to File Exhibit F under seal. Signed by Chief Judge William Keith Watkins on July 2, 2015. (No PDF document attached to this entry.) (scn, )
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Filing 16
UNIFORM SCHEDULING ORDER setting: Final Pretrial Conference for 12/15/2016 in the Federal Building & U. S. Courthouse, 100 West Troy Street, Dothan, Alabama; Jury Trial for term of court commencing 01/23/2017 in Dothan, Alabama; Amended Pleadings due by 09/11/2015; Discovery due by 02/26/2016; Dispositive Motions due by 08/19/2016; Mediation Notice due by 09/14/2016; as further set out. Signed by Chief Judge William Keith Watkins on June 29, 2015. (Furnished to Calendar/AR) (scn, )
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Filing 15
GENERAL BRIEFING ORDER. Signed by Chief Judge William Keith Watkins on June 26, 2015. (scn, )
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| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Berdy, Christopher) |
| Filing 13 Case REASSIGNED to Chief Judge William Keith Watkins and Honorable Judge Susan Russ Walker. Honorable Judge Susan Russ Walker no longer assigned to the case as presiding judge. (scn, ) |
| Filing 12 Corporate/Conflict Disclosure Statement by Mary Carnley re #7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Cary, Tracy) |
| Filing 11 Corporate/Conflict Disclosure Statement by The Hosmer Dorrance Corporation. (Berdy, Christopher) (Main Document 11 replaced on 5/28/2015) (scn, ). |
| Filing 10 Corporate/Conflict Disclosure Statement by Fillauer LLC. (Berdy, Christopher) (Main Document 10 replaced on 5/28/2015) (scn, ). |
| Filing 9 Corporate/Conflict Disclosure Statement by Fillauer Companies, Inc.. (Berdy, Christopher) (Main Document 9 replaced on 5/28/2015) (scn, ). |
| Filing 8 ANSWER to Complaint with Jury Demand by Fillauer Companies, Inc., Fillauer LLC, The Hosmer Dorrance Corporation.(Berdy, Christopher) |
| Filing 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Mary Carnley. Corporate Disclosures due by 6/8/2015. (Attachments: #1 Standing ORDER and sample format)(scn, ) |
| Filing 6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Fillauer Companies Inc., Fillauer LLC, and The Hosmer Dorrance Corporation. Corporate Disclosures due by 6/8/2015. (Attachments: #1 Standing ORDER and sample format)(scn, ) |
| Filing 5 Filing fee re #1 Notice of Removal: $ 400.00, receipt number 4602036949 (scn, ) |
| NOTICE of Assignment to Magistrate Judge mailed to all three counsel for Hanger Prosthetics & Orthotics, Inc. (No PDF document attached to this entry.) (scn, ) |
| NOTICE of Assignment to Magistrate Judge mailed to counsel for Mary Carnley. (No PDF document attached to this entry.) (scn, ) |
| NOTICE of Assignment to Magistrate Judge mailed to both counsel for Fillauer Companies Inc., Fillauer LLC, and The Hosmer Dorrance Corporation. (No PDF document attached to this entry.) (scn, ) |
| Filing 4 Corporate/Conflict Disclosure Statement by Hanger Prosthetics & Orthotics, Inc.. (scn, ) |
| Filing 3 ANSWER to #1 Complaint, by Hanger Prosthetics & Orthotics, Inc..(scn, ) |
| Filing 2 MOTION for Leave to File Under Seal, by Hanger Prosthetics & Orthotics, Inc.. (Attachments: #1 Exhibit F)(scn, ) |
| Filing 1 NOTICE OF REMOVAL by Fillauer Companies Inc., Fillauer LLC, Hanger Prosthetics & Orthotics Inc., and The Hosmer Dorrance Corporation from Circuit Court of Houston County Alabama, case number 38-CV-2015-900224. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 COMPLAINT in State Court)(scn, ) (Attachment 6 replaced on 7/2/2015) (scn, ). |
| COMPLAINT against Fillauer Companies Inc., Fillauer LLC, Hanger Prosthetics & Orthotics Inc., and The Hosmer Dorrance Corporation, filed by Mary Carnley. (No PDF document attached to this entry; see #1 Complaint.) (scn, ) |
| NOTICE to State Court of filing #1 Notice of Removal, by Fillauer Companies Inc., Fillauer LLC, Hanger Prosthetics & Orthotics Inc., and The Hosmer Dorrance Corporation. (No PDF document attached to this entry; see #1 Complaint.) (scn, ) |
| DEMAND for Trial by Jury by Mary Carnley. (No PDF document attached to this entry; see #1 Complaint.) (scn, ) |
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