Averett v. CMH Homes, Inc.
| Machelle Averett |
| CMH Homes, Inc. doing business as Clayton Mobile Homes |
| 1:2023cv00068 |
| February 2, 2023 |
| US District Court for the Middle District of Alabama |
| Emily C Marks |
| Kelly F Pate |
| Contract: Other |
| 15 U.S.C. ยง 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 15
RESPONSE to Motion re #14 MOTION to Strike Plaintiff's Affidavit filed by Machelle Averett. (Hogg, David) (Additional attachment(s) added on 3/30/2023: #1 Corrected Certificate of Service) (cwl, ).
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Filing 14
MOTION to Strike Plaintiff's Affidavit by CMH Homes, Inc.. (Simpson, Wayne)
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Filing 13
RESPONSE in Opposition re #5 MOTION to Remand to State Court filed by CMH Homes, Inc.. (Simpson, Wayne)
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Filing 12
Case Reassigned to Chief Judge Emily C. Marks as Presiding Judge and Honorable Judge Kelly F. Pate as Referral Judge. Honorable Judge Kelly F. Pate no longer assigned to the case. (tha, ) (Main Document 12 replaced on 3/20/2023 to add ref judge) (tha, ). Modified on 3/20/2023 (tha, ).
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Motions No Longer Referred: #5 MOTION to Remand to State Court (no pdf attached) (tha, )
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Filing 11
NOTICE of Appearance by Wayne Scott Simpson on behalf of CMH Homes, Inc. (Simpson, Wayne)
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Filing 10
ORDER: Upon consideration of Plaintiff's Motion to Remand (Doc. #5 ), it is ORDERED that Defendant must file a response by March 21, 2023, and show cause why it should not be granted. Plaintiff may file a reply by March 28, 2023. The parties should now confirm the decision to consent or request reassignment in writing by completing the appropriate attached form. The completed form should be sent to the Clerk of Court by March 28, 2023. Neither the consent form nor the request for reassignment form should be filed electronically. Signed by Honorable Judge Kelly F. Pate on 3/7/2023. (cwl, )
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Filing 9
TEXT ORDER granting #7 Motion to Substitute Affidavit. Signed by Honorable Judge Kelly F. Pate on 3/7/2023. (no pdf attached) (cwl, )
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Filing 8
Corporate/Conflict Disclosure Statement by Machelle Averett re #6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Hogg, David)
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Filing 7
MOTION to Substitute Affidavit re #5 MOTION to Remand to State Court by Machelle Averett. (Hogg, David) Modified on 3/6/2023 to add link and clarify exhibit A is contained within the main PDF (cwl, ).
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Filing 6
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Machelle Averett. Corporate Disclosures due by 3/16/2023. (Attachments: #1 Conflict Statement Standing Order and Sample Format)(cwl, )
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Filing 5
MOTION to Remand to State Court by Machelle Averett. (Hogg, David) Modified on 3/6/2023 to clarify exhibit A is contained within the main PDF (cwl, ).
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Filing 4
NOTICE of Assignment to Magistrate Judge sent to counsel for (ALL PARTIES) Machelle Averett, CMH Homes, Inc. (cwl, )
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Filing 3
Corporate/Conflict Disclosure Statement by CMH Homes, Inc. (cwl, )
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Filing 2
ANSWER to #1 Complaint by CMH Homes, Inc. (cwl, )
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Filing 1
NOTICE OF REMOVAL by CMH Homes, Inc. from Circuit Court of Houston County, Alabama, case number 38-CV-22-900482.00. ( Filing fee $ 402 receipt #1376) , filed by CMH Homes, Inc. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Record, #3 Exhibit C, #4 Exhibit C-1, #5 Civil Cover Sheet)(cwl, ) (Additional attachment(s) added on 2/2/2023 to add receipt: #6 receipt) (cwl, ).
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COMPLAINT with JURY DEMAND against CMH Homes, Inc., filed by Machelle Averett. (no pdf attached - see doc #1 -1)(cwl, )
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NOTICE of Filing to State Court by CMH Homes, Inc. re #1 Notice of Removal (no pdf attached - see doc #1 for pdf) (cwl, )
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| Plaintiff: Machelle Averett | |
| Represented By: | David Kenneth Hogg |
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| Defendant: CMH Homes, Inc. doing business as Clayton Mobile Homes | |
| Represented By: | Daniel Scott Weber |
| Represented By: | Nicholas Brice Hoisington |
| Represented By: | Wayne Scott Simpson |
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