Atwell v. KW Plastics, et al
Plaintiff: Jimmy L. Atwell, Jr.
Defendant: KW Plastics and Sanders Lead Company, Inc.
Case Number: 2:2001cv01188
Filed: October 9, 2001
Court: US District Court for the Middle District of Alabama
Presiding Judge: W Harold Albritton
Referring Judge: Susan Russ Walker
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. § 6901 Environmental Cleanup Expenses
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 4, 2002. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 4, 2002 Opinion or Order Filing 44 ORDER is issued as the mandate of the United States Court of Appeals, Eleventh Circuit, that Appellant's unopposed motion to dismiss this appeal with prejudice due to settlement, with the parties to bear their own costs, is GRANTED. Before: ANDERSON and DUBINA, Circuit Judges (kcg)
August 29, 2002 USCA Case Number Re: [43-1] appeal by Jimmy L. Atwell Jr. USCA NUMBER: 02-14615-II (kcg)
August 26, 2002 Received transcript order information sheet from G. Keith Clark with the following notation "No hearing". (kcg)
August 21, 2002 Notice of Appeal and certified copy of docket to USCA: [43-1] appeal by Jimmy L. Atwell Jr. (kcg)
August 20, 2002 Opinion or Order Filing 42 ORDER directing as follows: (1) defendants' [38-1] motion for Attorney Fees is DENIED without prejudice, with leave to defs to re-file their motion, if appropriate, after resolution of the appeal by the Eleventh Circuit Court of Appeals; (2) denying as moot [41-1] motion to Stay and/or [41-2] continuance ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (djy)
August 16, 2002 Filing 43 NOTICE OF APPEAL to the United States Court of Appeals, Eleventh Circuit by Jimmy L. Atwell Jr., from the final judgment entered in this action on July 18, 2002. FILING FEE $ 105.00 RECEIPT # 93524 Copies Provided (kcg)
August 16, 2002 Filing 41 MOTION by Jimmy L. Atwell Jr. for Stay and/or continuance of the deadline for responding to defs' motion for attorney fees and of this court's consideration of that motion (Exhibits 1 & 2 attached). Referred to Judge W. H. Albritton III (djy) Modified on 08/19/2002
August 7, 2002 Opinion or Order Filing 40 ORDER TO SHOW CAUSE why motion for attorney fees should not be granted; Response to Order to Show Cause due on 8/28/02 for Jimmy L. Atwell Jr. [38-1] motion for Attorney Fees by Sanders Lead Company, KW Plastics set for on 8/28/02 ( signed by Judge W. H. Albritton III), copies provided to counsel. (ajr)
August 5, 2002 Filing 39 MEMORANDUM by KW Plastics, Sanders Lead Company in support of [38-1] motion for Attorney Fees by Sanders Lead Company, KW Plastics. Referred to Judge W. H. Albritton III (djy)
August 5, 2002 Filing 38 MOTION by KW Plastics, Sanders Lead Company for Attorney Fees referred to Judge W. H. Albritton III (djy)
July 18, 2002 Opinion or Order Filing 37 ORDER, in accordance with the [36-1] memorandum opinion, it is hereby ORDERED as follows: (1) defs' [23-1] motion to Dismiss Pltf's First Amended Complaint is GRANTED; (2) all claims are DISMISSED without prejudice; (3) costs are taxed against the plaintiff ( signed by Judge W. H. Albritton III ) , copies provided to counsel; furnished to YG, MD & EL. (djy) Modified on 07/18/2002
July 18, 2002 Filing 36 MEMORANDUM OPINION ( signed by Judge W. H. Albritton III ), copies provided to counsel. (djy)
July 18, 2002 Case closed (djy)
June 25, 2002 Opinion or Order Filing 35 Stamped ORDER granting [34-1] joint motion to Amend [13-1] Scheduling order; resetting Discovery cutoff to 8/16/02 ( by Judge W. H. Albritton III ) , copies provided to counsel. (djy)
May 29, 2002 Filing 33 SUPPLEMENTAL REPLY MEMORANDUM by KW Plastics & Sanders Lead Company in Support of [23-1] motion to Dismiss Pltf's First Amended Complaint by Sanders Lead Company & KW Plastics. Referred to Judge W. H. Albritton III (dkt clerk)
May 22, 2002 Filing 32 SUPPLEMENTAL RESPONSE by Jimmy L. Atwell Jr. in opposition to [23-1] motion to Dismiss Pltf's First Amended Complaint by Sanders Lead Company & KW Plastics; (Exhibits attached). Referred to Judge W. H. Albritton III (dkt clerk)
May 15, 2002 Opinion or Order Filing 31 ORDER granting [30-1] motion for Permission to Respond to Defts' Reply; allowing plaintiff until 5/22/02 to file the requested repsonse and defendants have until 5/29/02 to reply; [23-1] motion to Dismiss by Sanders Lead Company, KW Plastics reset for submission on 5/29/02 ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (cc)
May 6, 2002 Filing 30 MOTION by Jimmy L. Atwell Jr. for Permission to Respond to Defts' Reply . Referred to Judge W. H. Albritton III (dkt clerk)
April 30, 2002 Filing 29 REPLY MEMORANDUM by KW Plastics & Sanders Lead Company in Support of [23-1] motion to Dismiss Pltf's First Amended Complaint by Sanders Lead Company & KW Plastics. Referred to Judge W. H. Albritton III (dkt clerk)
April 23, 2002 Filing 28 RESPONSE by Jimmy L. Atwell Jr. to [23-1] motion to Dismiss Pltf's First Amended Complaint by Sanders Lead Company & KW Plastics; [Exhibits 1 - 4 attached]. Referred to Judge W. H. Albritton III (dkt clerk)
April 23, 2002 Opinion or Order Filing 27 Stamped ORDER granting [26-1] joint motion to Amend [13-1] Scheduling order resetting Scheduling Order Deadlines: joining of parties, amended pleadings on 9/9/02 Discovery cutoff to 7/29/02; Motion Filing to 8/6/02; Pretrial Conference for 10/8/02 before Judge W. H. Albritton III; Mediation Notice to 8/5/02 , terminated non-jury trial deadlines (by Judge W. H. Albritton III), copies provided to counsel, El, YG, MD. (ajr)
April 23, 2002 Deadline updated; resetting Scheduling Order Deadlines: Discovery cutoff to 7/1/02; Motion Filing to 7/8/02; Pretrial Conference for 9/9/02 before Judge W. H. Albritton III; Mediation Notice to 7/5/02 (ajr)
April 2, 2002 Opinion or Order Filing 25 ORDER TO SHOW CAUSE why motion to dismiss first amended complaint should not be granted; Response to Order to Show Cause due on 4/23/02 for Jimmy L. Atwell Jr. setting reply brief deadline for 4/30/02 for Sanders Lead Company, for KW Plastics (signed by Judge W. H. Albritton III), provided to counsel. (ajr)
April 2, 2002 Deadline updated; [23-1] motion to Dismiss Pltf's First Amended Complaint by Sanders Lead Company, KW Plastics set for submission on 4/30/02 (ajr)
March 29, 2002 Filing 24 MEMORANDUM by KW Plastics & Sanders Lead Company in support of Defts' [23-1] motion to Dismiss Pltf's First Amended Complaint. Referred to Judge W. H. Albritton III (dkt clerk)
March 29, 2002 Filing 23 MOTION by KW Plastics & Sanders Lead Company to Dismiss Pltf's First Amended Complaint . Referred to Judge W. H. Albritton III (dkt clerk)
March 29, 2002 Opinion or Order Filing 22 ORDER granting [21-1] motion for Michael B. Wigmore to Appear Pro Hac Vice for Deft KW Plastics & Sanders Lead Co., Inc. ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (vmc)
March 27, 2002 Filing 21 MOTION for Michael B. Wigmore to Appear Pro Hac Vice for Deft KW Plastics & Sanders Lead Co., Inc. FILING FEE: $20.00; RECEIPT #91535; Certified Certificate of Service attached. Referred to Judge W. H. Albritton III (dkt clerk)
March 11, 2002 Opinion or Order Filing 20 Stamped ORDER granting [19-1] motion to Extend Time to Respond to Pltf's First Amended Complaint; resetting Answer deadline to 3/29/02 for Sanders Lead Company and KW Plastics ; ( signed by Judge W. H. Albritton III ). Copies provided to counsel. (dkt clerk)
March 7, 2002 Filing 19 UNOPPOSED MOTION by KW Plastics & Sanders Lead Company to Extend Time to Respond to Pltf's First Amended Complaint . Referred to Judge W. H. Albritton III (dkt clerk)
March 5, 2002 Filing 18 AMENDED COMPLAINT by Jimmy L. Atwell Jr. amending [1-1] Complaint. (dkt clerk)
March 5, 2002 Opinion or Order Filing 17 Stamped ORDER granting [16-1] motion to Amend [1-1] Complaint; ( signed by Judge W. H. Albritton III ). Copies provided to counsel. (dkt clerk)
January 17, 2002 Opinion or Order Filing 15 ORDER granting [14-1] joint motion to Change Deadline for Dispositive Motions reset dispositive Motion Filing deadline to 5/6/02 ( signed by Judge W. H. Albritton III ) , copies provided. (vmc)
January 15, 2002 Filing 14 JOINT MOTION by Jimmy L. Atwell Jr., KW Plastics & Sanders Lead Company to Change Deadline for Dispositive Motions . Referred to Judge W. H. Albritton III (dkt clerk)
December 12, 2001 Opinion or Order Filing 13 SCHEDULING ORDER: setting Pretrial Conference for 7/8/02 before Judge W. H. Albritton III in Montgomery, AL; Non-Jury Trial set for 8/5/02 before Judge W. H. Albritton III in Montgomery, AL; Motion Filing deadline on 4/8/02; Mediation Notice deadline on 5/4/02; Amended Pleadings deadline for 2/25/02; Discovery cutoff: 4/29/02; ( signed by Judge W. H. Albritton III ). Copies provided to counsel; Furnished: Ern, Henrietta & Yvonne. (dkt clerk)
December 10, 2001 Filing 12 REPORT of Parties' Planning Meeting by all parties. Referred to Judge W. H. Albritton III (dkt clerk)
November 26, 2001 Opinion or Order Filing 11 ORDER Planning Meeting Report containing the discovery plaan due on 12/10/01 ; ( signed by Judge W. H. Albritton III ). Copies provided to counsel. (dkt clerk)
November 21, 2001 Filing 10 ANSWER and Affirmative Defenses to Complaint by KW Plastics & Sanders Lead Company; (Attorneys N. J. Cervera, Grady A. Reeves & Robert N. Steinwurtzel). Referred to Judge W. H. Albritton III (dkt clerk)
October 31, 2001 Opinion or Order Filing 9 Stamped ORDER granting [6-1] motion to Extend Time to Respond to Plaintiff's Complaint; resetting Answer deadline to 11/23/01 for Sanders Lead Company and KW Plastics ; ( signed by Judge W. H. Albritton III ). Copies provided to counsel. (dkt clerk)
October 30, 2001 Opinion or Order Filing 8 ORDER granting [5-1] motion for Robert N. Steinwurtzel to Appear Pro Hac Vice; (signed by Judge W. H. Albritton III). Copies provided to counsel. (dkt clerk)
October 30, 2001 File referred to Judge W. H. Albritton III Re: pending motion pursuant to Judge's chambers request. (dkt clerk)
October 26, 2001 Filing 7 NOTICE of Attorney Appearance for KW Plastics & Sanders Lead Company by Nicholas J. Cervera, Grady A. Reeves & Robert N. Steinwurtzel. (dkt clerk)
October 26, 2001 Filing 6 (UNOPPOSED) MOTION by KW Plastics & Sanders Lead Company to Extend Time to Respond to Plaintiff's Complaint . Referred to Judge W. H. Albritton III (dkt clerk)
October 26, 2001 Filing 5 MOTION by KW Plastics & Sanders Lead Company for Robert N. Steinwurtzel to Appear Pro Hac Vice ; FILING FEE: $20.00; RECEIPT #89429; (Receipt mailed to Grady Reeves, counsel for defendants). Referred to Judge W. H. Albritton III (dkt clerk)
October 16, 2001 Filing 4 RETURN RECEIPT CARD showing service of summons & complaint on P. Harry on 10/16/01 for KW Plastics - c/o N. Kenneth Campbell. Answer due on 11/5/01 for KW Plastics (dkt clerk)
October 16, 2001 Filing 3 RETURN RECEIPT CARDS showing service of summons & complaint on P. Harry on 10/16/01 for KW Plastics, on P. Harry on 10/16/01 for Sanders Lead Company - c/o Wiley Sanders, Jr. and on P. Harry on 10/16/01 for Sanders Lead Co., Inc. c/o N. Kenneth Campbell. Answer due on 11/5/01 for KW Plastics and Sanders Lead Company (dkt clerk)
October 12, 2001 Filing 2 SUMMONS issued; summons & complaint mailed by CMRRR to KW Plastics (c/o L.B. Pevehouse & c/o N. Kenneth Campbell) and Sanders Lead Company (c/o N. Kenneth Campbell & c/o Wiley Sanders, Jr.) (dkt clerk)
October 11, 2001 CASE reassigned to Judge W. H. Albritton III (ag)
October 9, 2001 Filing 1 COMPLAINT: Filing Fee: $150.00; Receipt: #89017; (receipt mailed to counsel for plaintiff). (dkt clerk)

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Plaintiff: Jimmy L. Atwell, Jr.
Represented By: George Keith Clark
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Defendant: KW Plastics
Represented By: Grady Andrew Reeves
Represented By: Nicholas Joseph Cervera
Represented By: Robert N. Steinwurtzel
Represented By: Michael B. Wigmore
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Defendant: Sanders Lead Company, Inc.
Represented By: Nicholas Joseph Cervera
Represented By: Robert N. Steinwurtzel
Represented By: Grady Andrew Reeves
Represented By: Michael B. Wigmore
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