Monroy et al v. Payne et al (LEAD)
| Ronal Monroy |
| M1 Support Services, LP and Danny Floyd Payne |
| United Service Automobile Association |
| 1:2021cv00317 |
| April 28, 2021 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Stephen Michael Doyle |
| R Austin Huffaker |
| Motor Vehicle |
| 28 U.S.C. § 1364 Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.
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Filing 86
FINAL JUDGMENT: it is the JUDGMENT and DECREE of the Court as follows: 1.) Judgment is entered in favor of Dfts Danny Payne and M1 Support Services as to Claim 1 (Negligence) of the #1 Complaint by way of jury verdict; 2.) The action as to Dfts Danny Payne and M1 Support Services is dismissed on the merits; 3.) Dfts' costs are taxed against Plf for which execution may issue; and 4.) The pending #66 & #69 Motions in Limine are DENIED as moot; The Clerk is DIRECTED to enter this as a Final Judgment pursuant to FRCP 58. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/14/2022. (bes, )
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Filing 85
JUROR QUESTIONNAIRE CERTIFICATION by Clinton Timothy Speegle on behalf of M1 Support Services, LP, Danny Floyd Payne. (dh)
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Filing 84
JUROR QUESTIONNAIRE CERTIFICATION by Jeffrey Conett Kirby on behalf of Ronal Monroy. (dh)
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Filing 83
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Voir Dire, Jury Selection, and Jury Trial held on 12/12/2022 (PDF available for court use only). (Court Reporter Blanton Callen.) (Attachments: #1 Witness List, #2 Pl. Exhibit List, #3 PX 3, #4 PX 4, #5 PX 6, #6 Def. Exhibit List, #7 DX 18, #8 DX 19, #9 DX 22) (dh)
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Filing 82
JURY VERDICT. (dh)
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Filing 81
Court's Final Jury Instructions. (dh)
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ORAL ORDER denying [Oral] Motion for Judgment as a Matter of Law. Entered by Honorable Judge R. Austin Huffaker, Jr. on 12/12/22. (dh)
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ORAL MOTION for Judgment as a Matter of Law as to M1 Support Services, LP, Danny Floyd Payne. (dh)
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Filing 80
TEXT ORDER: It is ORDERED that a trial conference is SET for Monday, 12/12/2022, at 8:30 AM in Dothan, Alabama. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/9/2022. (Furn: Calendar, dh) (No PDF attached to this entry)(bes, )
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Reset Hearing in ECF - Previously set for 12/9/2022 in error: Trial Conference set for 12/12/2022 at 08:30 AM in Dothan, Alabama before Honorable Judge R. Austin Huffaker Jr. (No PDF attached to this entry) (bes, )
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Filing 79
TRIAL BRIEF by M1 Support Services, LP, Danny Floyd Payne. (Smithart, M.)
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Filing 78
RESPONSE in Opposition re #66 MOTION in Limine filed by Ronal Monroy. (Kirby, Jeffrey)
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Filing 77
RESPONSE to Motion re #69 MOTION in Limine filed by M1 Support Services, LP, Danny Floyd Payne. (Smithart, M.)
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Filing 76
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 12/2/2022 (PDF available for court use only). (Court Reporter Patricia Starkie.) (dh)
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Filing 75
NOTICE OF JURY LIST AND JURORS' PROFILES for Jury Selection and Trial commencing on 12/12/22. (Attachments: #1 Juror Questionnaire Certification)(dh)
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Filing 74
ORDER: it is ORDERED that Plf's #69 Motions in Limine numbers 1-4, 7-13, and 15-16 are DENIED without prejudice. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/29/2022. (bes, )
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Filing 73
TEXT ORDER: The telephone status hearing scheduled for 11/30/2022 is RESCHEDULED to 12/2/2022 at 8:30 AM. The Courtroom Deputy will contact counsel with the call-in information. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/28/2022. (Furn: Calendar, dh) (Term: Status Conference set for 11/30/2022) (No PDF attached to this entry) (bes, )
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Filing 72
TRIAL BRIEF by Ronal Monroy. (Attachments: #1 Exhibit, #2 Exhibit)(Kirby, Jeffrey)
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Filing 71
Proposed Jury Instructions by Ronal Monroy. (Kirby, Jeffrey)
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Filing 70
Proposed Voir Dire by Ronal Monroy. (Kirby, Jeffrey)
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Filing 69
MOTION in Limine by Ronal Monroy. (Kirby, Jeffrey)
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Filing 68
Proposed Jury Instructions by M1 Support Services, LP, Danny Floyd Payne. (Smithart, M.)
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Filing 67
Proposed Voir Dire by M1 Support Services, LP, Danny Floyd Payne. (Smithart, M.)
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Filing 66
MOTION in Limine by M1 Support Services, LP, Danny Floyd Payne. (Attachments: #1 Exhibit A (Accident Report), #2 Exhibit B (Depo of Payne))(Smithart, M.)
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Filing 65
TEXT ORDER: A telephone status hearing is SET for 11/30/2022, at 9:00 AM (CT). The Courtroom Deputy will contact counsel with the call-in information. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/22/2022. (No PDF attached to this entry) (bes, ) Modified on 11/22/2022 to reflect as furnished to Calendar and dh (bes, ).
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Filing 64
ORDER granting #63 Motion for Protective Order; It is ORDERED that the Plf is not allowed to depose Dr. Michael Gilmore in advance of the current trial date. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/26/2022. (bes, )
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Filing 63
MOTION for Protective Order by M1 Support Services, LP, Danny Floyd Payne. (Attachments: #1 Exhibit A)(Smithart, M.)
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Filing 62
ORDER ON PRETRIAL HEARING: Trial set for 12/12/2022 at 10:00 AM in Dothan, Alabama before Honorable Judge R. Austin Huffaker Jr.; Trial Brief due by 11/28/2022; The parties are ORDERED to file any requested voir dire questions and any proposed jury instruction, together with citations of law thereon, ON OR BEFORE 11/28/2022, as further set out in order; Any motions in limine or similar motions must be filed on or before 11/28/2022, and must be accompanied by a brief. Responses to these motions shall be filed on or before 12/5/2022; All exhibits shall be marked prior to trial with labels which are available from the clerks office, as further set out in order; It is ORDERED by this Court that all the above-named allowances and agreements be, and the same are hereby, binding upon all parties in the above-styled cause unless this Order be hereafter modified by Order of the Court. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/18/2022. (furn: calendar, DH) (Jury Selection & Trial set for 12/12/2022) (es, )
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Filing 61
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Plaintiff Ronal Monroy's #39 Motion for Partial Summary Judgment is DENIED; 2) Plaintiff United Services Automobile Association's #40 Motion to Adopt Filing of Plaintiff, which the Court construes as a motion for summary judgment, is DENIED; 3) Defendants' #41 Motion for Summary Judgment is GRANTED with respect to plaintiff's claim for wantonness and is DENIED in all other respects; The wantonness claim is dismissed; 4) This lawsuit shall proceed to a jury on the Plaintiffs' claim of negligence, and the Defendants affirmative defense of contributory negligence. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/18/2022. (es, )
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Filing 60
NOTICE of Non-Consent by M1 Support Services, LP, Danny Floyd Payne re 59 Order, (Smithart, M.) Modified on 10/18/2022 clarify text as to pleading. (es, ).
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Filing 59
TEXT ORDER: During the 10/13/2022, hearing, the parties indicated they would consider whether the jury trial should be set in Montgomery. Accordingly, it is ORDERED that, on or before 10/17/2022, the parties shall provide notice whether they consent to a trial setting in Montgomery with the petit jurors drawn from the Northern Division. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/14/2022. (no pdf attached to this entry)(cwl, )
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Filing 58
NOTICE of Non-Compliance re #57 Notice to Take Deposition, which is hereby STRICKEN pursuant to Local Rules regarding non-filing of civil discovery. (Attachments: #1 Local Rule 26.3 Excerpt)(bes, )
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Filing 57
(STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE to Take Deposition of Dr. Michael Gilmore by Ronal Monroy.(Kirby, Jeffrey) Modified on 10/13/2022 (bes, ).
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Filing 56
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Pretrial Conference held on 10/13/2022 (PDF available for court use only). (Court Reporter Katie Silas.) (dh)
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Filing 55
NOTICE of Appearance by Robert Aaron Gartlan on behalf of All Plaintiffs (Gartlan, Robert)
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***PURSUANT TO DOC ENTRY #49 - Attorney Chandler Osborn Kirby for Ronal Monroy added. (No PDF attached to this entry) (bes, )
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Filing 54
Deposition Designations by M1 Support Services, LP, Danny Floyd Payne.. (Smithart, M.)
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Filing 53
Exhibit List by M1 Support Services, LP, Danny Floyd Payne.. (Smithart, M.)
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Filing 52
Witness List by M1 Support Services, LP, Danny Floyd Payne. (Smithart, M.)
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Filing 51
Deposition Designations by Ronal Monroy.. (Kirby, Jeffrey)
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Filing 50
Exhibit List by Ronal Monroy.. (Kirby, Jeffrey)
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Filing 49
Witness List by Ronal Monroy. (Kirby, Jeffrey)
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Proposed Pretrial Order sent to court by M1 Support Services, LP, Danny Floyd Payne (NO PDF Document attached to this entry). (Smithart, M.)
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Filing 48
Joint NOTICE Concerning Compliance with #46 Order by M1 Support Services, LP, Danny Floyd Payne, United Service Automobile Association, Ronal Monroy. (Smithart, M.) Modified on 8/31/2022 to clarify the docket text and to add joint filers (bes, ).
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Filing 47
TEXT ORDER granting #44 MOTION to Adopt Filing of PLF Ronal E. Monroy. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/23/2022. (No PDF attached to this entry) (es, )
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Filing 46
ORDER: it is ORDERED that on or before 8/30/2022, counsel for each of the parties shall: (1) confer and discuss with his or her respective client the pending summary judgment motions and oppositions, including the strength and weaknesses of each party's positions; (2) confer and discuss with his or her respective client the option of mediating this case, including a voluntary mediation free of charge with a magistrate judge of this Court; (3) confer with opposing counsel about mediation; and (4) file a joint report confirming their compliance with this Order, setting forth whether the parties agree to mediate the case and, if so, whether by a private mediator or a magistrate judge. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/23/2022. (es, )
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Filing 45
REPLY to #43 Response in Opposition to #41 MOTION for Summary Judgment filed by M1 Support Services, LP, Danny Floyd Payne. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smithart, M.) Modified on 8/23/2022 to clean up text. (dmn, )
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Filing 44
RESPONSE in Opposition re #41 MOTION for Summary Judgment filed by United Service Automobile Association. (Azar, Zack)
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MOTION to Adopt Filing of PLF Ronal E. Monroy by United Service Automobile Association. (No PDF attached to this entry - see doc #44 for PDF) (bes, )
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Filing 43
RESPONSE in Opposition re #41 MOTION for Summary Judgment filed by Ronal Monroy. (Attachments: #1 Exhibit Monroy Deposition, #2 Exhibit Payne Deposition, #3 Exhibit Accident Report)(Kirby, Jeffrey)
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Filing 42
RESPONSE to Motion re #39 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment of Plaintiff Ronal Monroy filed by M1 Support Services, LP, Danny Floyd Payne. (Attachments: #1 Exhibit Ex A Monroy, #2 Exhibit Ex B Payne)(Smithart, M.)
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Filing 41
MOTION for Summary Judgment by M1 Support Services, LP, Danny Floyd Payne. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smithart, M.)
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Filing 40
MOTION to Adopt Filing of Plaintiff, CONSTRUED as MOTION for Summary Judgment, pursuant to the Court's #61 Order by United Service Automobile Association. (Azar, Zack) Modified on 10/18/2022 to clarify text as to pleading. (es, ).
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Filing 39
MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment by Ronal Monroy. (Attachments: #1 Exhibit A- Deposition of Ronal Monroy, #2 Exhibit B-Deposition of Danny Payne, #3 Exhibit C- Military Police Accident Report)(Kirby, Jeffrey)
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Filing 38
Joint Notice of Mediation and Settlement Conference by M1 Support Services, LP, Danny Floyd Payne, United Service Automobile Association, Ronal Monroy (Smithart, M.) Modified on 7/12/2022 to clarify text and to add joint filers (bes, ).
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Filing 37
(STRICKEN - ATTORNEY E-FILED DOCUMENT UNDER INCORRECT LOGIN) Notice of Mediation and Settlement Conference by M1 Support Services, LP, Danny Floyd Payne (Prater, Harlan) Modified on 7/11/2022 (cwl, ).
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Filing 36
ORDER: GRANTING Plaintiff's #35 Unopposed Motion to Amend the Scheduling Order; The following deadlines are extended as follows: (1) the deadline to complete discovery is extended up to and including 6/27/2022; (2) the deadline to conduct the settlement conference is extended up to and including 7/15/2022; and (3) the dispositive/Daubert Motion deadline is extended up to and including 7/25/2022, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/22/2022. (am, )
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Filing 35
Unopposed MOTION to Amend the #32 Scheduling Order by Ronal Monroy. (Kirby, Jeffrey) Modified on 4/20/2022 to clarify text as reflected in pleading (am, ).
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Filing 34
TEXT ORDER: The parties' #33 Joint Motion to Amend the Scheduling Order is GRANTED; The deadline to complete discovery is extended up to and including 5/11/2022; The deadline to conduct the settlement conference is extended up to and including 5/31/2022; The dispositive/Daubert Motion deadline is extended up to and including 6/8/2022. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/16/2022. (NO PDF attached to this entry)(am, )
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Pursuant to the 34 Order - Reset Deadlines: Mediation Notice due by 6/4/2022. (NO PDF attached to this entry) (am, )
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Filing 33
Joint MOTION to Amend #32 Scheduling Order by M1 Support Services, LP, Danny Floyd Payne, United States Automobile Association, Ronal Monroy. (Smithart, M.) Modified on 3/9/2022 to add joint filers & link to Order (am, ).
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Filing 32
UNIFORM SCHEDULING ORDER: setting a Pretrial Conference for 10/13/2022 @ 10:00 AM before Honorable Judge R. Austin Huffaker Jr., in CR 2D, US Courthouse, Montgomery, AL; DIRECTING the parties to jointly prepare a Proposed Pretrial Order on or before 10/6/2022; Jury Trial set for 12/12/2022 @ 10:00 AM, before Honorable Judge R. Austin Huffaker Jr., in Dothan, AL; Dispositive & Daubert Motions due by 4/15/2022; Mediation Notice due not more than 5 days after the settlement conference; Amended Pleadings due by 5/17/2022. Discovery Cutoff completed by 3/16/2022, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/8/2022. (Furnished: Calendar & DH)(am, )
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Filing 31
STANDARD BRIEFING ORDER: setting out briefing requirements, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/8/2022. (am, )
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Filing 30
REPORT of Rule 26(f) Planning Meeting. (Smithart, M.)
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Filing 29
RULE 26(f) ORDER: it is ORDERED that the Fed. R. Civ. P. 26(f) Report containing the discovery plan shall be filed as soon as practicable but not later than 2/25/2022, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/4/2022. (am, )
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Filing 28
Case Reassigned to Honorable Judge R. Austin Huffaker, Jr. as presiding judge and Honorable Judge Jerusha T. Adams as referral judge; Honorable Judge Jerusha T. Adams no longer assigned to the case as presiding judge. (es, )
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Filing 27
CONSENT to Jurisdiction by US Magistrate Judge by United Service Automobile Association.. (am, )
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Filing 26
ORDER: it is ORDERED that the parties in the case 1:21-cv-676-JTA should now make their selection in writing to consent or request reassignment; The parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 2/2/2022; Do NOT electronically file the consent form nor the reassignment form into the record. Signed by Honorable Judge Jerusha T. Adams on 1/19/2022. (bes, )
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Filing 25
Case reassigned to Honorable Judge Jerusha T. Adams as presiding judge; Honorable Judge Stephen Michael Doyle no longer assigned to the case. (NO PDF attached to this entry) (am, )
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Filing 24
ORDER: it is ORDERED that the #22 Motion to Consolidate is GRANTED, and that Case No. 1:21-cv-317-SMD and Case No. 1:21-cv-676-SMD be and are hereby CONSOLIDATED for all further proceedings; It is further ORDERED that Monroy v. Payne, et al., 1:21-cv-317-SMD is DESIGNATED as the LEAD case, and that all pleadings, motions, briefs, orders, and other documents submitted in the consolidated cases shall be filed only in Case No. 1:21-cv-317-SMD; The Clerk is DIRECTED to file a copy of this order in both consolidated cases. Signed by Honorable Judge Stephen Michael Doyle on 1/13/2022. (bes, )
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Filing 23
ORDER: it is ORDERED that, on or before 12/2/2021, Plaintiff shall SHOW CAUSE, if any there be, why the #22 motion should not be granted; Defendant may file a reply on or before 12/9/2021. Signed by Honorable Judge Stephen Michael Doyle on 11/18/2021. (am, )
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Filing 22
MOTION to Consolidate Cases by M1 Support Services, LP, Danny Floyd Payne. (Smithart, M.)
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Filing 21
TEXT ORDER: Upon consideration of the #20 Notice of Death filed by the Law Offices of Rufus R. Smith, Jr., the Clerk of Court is directed to terminate Attorney Rufus R. Smith, Jr., as counsel for Plaintiff. Signed by Honorable Judge Stephen Michael Doyle on 10/28/2021. (NO PDF attached to this entry)(am, )
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*** PURSUANT TO THE 21 ORDER Attorney Rufus Randolph Smith, Jr terminated. (NO PDF attached to this entry) (am, )
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Filing 20
NOTICE of Death by Ronal Monroy (Smith, Rufus) Modified on 10/27/2021 to clarify text as reflected in pleading (am, ).
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Filing 19
NOTICE of Appearance by Jeffrey Conett Kirby on behalf of Ronal Monroy (Kirby, Jeffrey)
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Filing 18
ORDER amending #17 Order to read as follows: For any future dispositive motion e.g., motion to remand, motion to dismiss, motion for summary judgment it is ORDERED that a response shall be due no later than 21 days from the date the motion is filed. In accordance with the original order, a reply may be filed no later than 7 days after the response is filed. All other portions of the order remain in effect. Signed by Honorable Judge Stephen Michael Doyle on 9/21/2021. (djy, )
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Filing 17
STANDARD BRIEFING ORDER, as further set out in order. Signed by Honorable Judge Stephen Michael Doyle on 6/30/21. (djy, )
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Filing 16
UNIFORM SCHEDULING ORDER: setting a Jury Trial for 10/3/2022 before Honorable Judge Stephen Michael Doyle, Dothan, AL; Pretrial Conference for 9/6/2022 @ 11:00 AM, before Honorable Judge Stephen Michael Doyle, in CR 4A, FMJ US Courthouse Complex, One Church Street, Montgomery, AL; Dispositive & Daubert Motions due by 3/10/2022; Mediation Notice due not more than 5 days after the settlement conference; Amended Pleadings due by 9/13/2021; Discovery cutoff completed by 2/10/2022, as further set out in Order. Signed by Honorable Judge Stephen Michael Doyle on 6/28/2021. (Furnished: Calendar & CB)(am, )
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Filing 15
STATUS REPORT pursuant to Rule 26(f) by M1 Support Services, LP, Danny Floyd Payne. (Smithart, M.)
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JOINT Rule 26(f) Planning Meeting. (NO PDF - See doc #15 , which was incorrectly filed as a Status Report) (am, )
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Filing 14
CONSENT to Jurisdiction by US Magistrate Judge electronically signed by counsel for M1 Support Services, LP, Danny Floyd Payne. (djy, )
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Filing 13
CONSENT to Jurisdiction by US Magistrate Judge signed by counsel for Ronal Monroy. (djy, )
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Filing 12
ORDER: DIRECTING that any party wishing to provide such consent must complete the form and submit it to the Clerk of Court by 6/24/2021, as further set out in Order; Any party wishing to submit the reassignment form must mail it to the Clerk by 6/23/2021, as further set out in Order. Signed by Honorable Judge Stephen Michael Doyle on 5/27/2021. (am, )
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Filing 11
ORDER: DIRECTING that the parties shall file their Rule 26(f) report as soon as practicable but no later than 6/24/2021, as further set out in Order. Signed by Honorable Judge Stephen Michael Doyle on 5/27/2021. (am, )
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Filing 10
NOTICE of Assignment to Magistrate Judge sent to counsel for M1 Support Services, LP & Danny Floyd Payne. (am, )
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Filing 9
Corporate/Conflict Disclosure Statement by Danny Floyd Payne. (Smithart, M.)
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Filing 8
Corporate/Conflict Disclosure Statement by M1 Support Services, LP. (Smithart, M.)
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Filing 7
ANSWER to #1 Complaint with jury demand by Danny Floyd Payne.(Smithart, M.)
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Filing 6
ANSWER to #1 Complaint with jury demand by M1 Support Services, LP.(Smithart, M.)
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Filing 5
Return Receipt Card showing service of Summons and #1 Complaint signed by C-19 for M1 Support Services, LP served on 5/4/2021, answer due 5/25/2021; Ronal Monroy served on 5/4/2021, answer due 5/25/2021. (bes, )
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Filing 4
Summons Issued as to M1 Support Services, LP, Danny Floyd Payne & mailed CMRRR w/ #1 Complaint. (am, )
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Filing 3
NOTICE of Assignment to Magistrate Judge sent to counsel for Ronal Monroy. (am, )
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Filing 2
Conflict Disclosure Statement by Ronal Monroy. (am, )
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Filing 1
COMPLAINT against M1 Support Services, LP, Danny Floyd Payne, filed by Ronal Monroy. (Filing fee $402.00 receipt number 4602063132.) (Attachments: #1 Civil Cover Sheet, #2 Receipt)(am, )
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DEMAND for Trial by Jury by Ronal Monroy. (NO PDF - See doc #1 ) (am, )
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