Taylor v. Blue et al.
| Bonny Edward Taylor |
| Henry P. Hughes, Dianne Williams, Jean Brown, Bill Blue, Ed Norman, Benjamin Hunter, Ray Parker, Advanced E.M.S., Inc. and Roy Parker |
| Southern Health Partners |
| 2:2014cv01163 |
| November 19, 2014 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| XX US, Outside State |
| Kelly F Pate |
| William Keith Watkins |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 19, 2021. A more recent docket listing may be available from PACER.
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Filing 290
ORDER: Upon consideration of the parties' #289 Joint Stipulation of Dismissal, which comports with Rule 41(a)(1)(A)(ii) of the FRCP, Plf's 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 Honorable Judge William Keith Watkins on 5/19/2021. (Attachments: #1 Civil Appeals Checklist)(bes, )
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Filing 289
Joint STIPULATION of Dismissal by Bonny Edward Taylor, Bill Blue, Roy Parker, R. Brad Wash, Benjamin Hunter. (Crow, Michael) Modified on 5/14/2021 to clarify the docket text and to add Dfts as filers (bes, ).
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Filing 288
ORDER: it is ORDERED that, on or before 6/14/2021, the parties shall file a joint stipulation of dismissal in accordance with Rule 41(a)(1)(A)(ii) of the FRCP; It is further ORDERED that the parties are relieved of all pending deadlines, that the jury selection and trial are CANCELLED, and that all pending motions (Docs. #271 , #273 , and #286 ) are DENIED as moot. Signed by Honorable Judge William Keith Watkins on 5/14/2021. (Furn: Calendar, wr) (Term: Jury Selection & Trial set for 05/21/2021; FPC set for 05/19/2021)(bes, )
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Filing 287
RESPONSE in Opposition re #286 MOTION to Strike Defendants' Affirmative Defenses of Contributory Negligence and Assumption of Risk and Defendants' Motion to Strike Plaintiff's Claims, Requests for Damages, and Requests for Attorney Fees by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 286
MOTION to Strike Defendants' Affirmative Defenses of Contributory Negligence and Assumption of Risk by Bonny Edward Taylor. (Crow, Michael)
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Filing 285
RESPONSE to Motion re #273 MOTION in Limine filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 284
NOTICE OF JURY LIST AND JURORS' PROFILES for Jury Selection and Trial commencing on 5/21/21 (Attachments: #1 Juror Certification)(war, )
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Filing 283
RESPONSE to Motion re #271 MOTION in Limine Omnibus filed by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 282
TEXT ORDER granting #281 Motion for Leave to File Amended Exhibit List. Signed by Honorable Judge William Keith Watkins on 5/7/2021. (No PDF attached to this entry) (bes, )
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Filing 281
MOTION for Leave to File Defendants' Amended Exhibit List by Bill Blue, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit A)(McNeill, James)
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Filing 280
Proposed Jury Verdict Form by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 279
Proposed Jury Instructions by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 278
RESPONSE in Opposition re #261 Objection to Defendants' Deposition Designations by Roy Parker. (McNeill, James)
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Filing 277
Proposed Voir Dire by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 276
RESPONSE in Opposition re #262 Objection to Defendants' Responsive Deposition Designations by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 275
RESPONSE in Opposition re #259 Objection to Defendants' Witness List by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 274
RESPONSE in Opposition re #263 Objection to Defendants' Exhibit List by Bill Blue, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit D-2, #2 Exhibit D-3, #3 Exhibit D-4, #4 Exhibit D-5, #5 Exhibit D-6, #6 Exhibit D-7, #7 Exhibit D-8, #8 Exhibit D-9, #9 Exhibit D-10, #10 Exhibit D-11, #11 Exhibit D-12, #12 Exhibit D-13, #13 Exhibit D-14, #14 Exhibit D-15, #15 Exhibit D-16, #16 Exhibit D-17, #17 Exhibit D-18, #18 Exhibit D-19, #19 Exhibit D-20, #20 Exhibit D-21, #21 Exhibit D-22, #22 Exhibit D-23, #23 Exhibit D-24, #24 Exhibit D-25, #25 Exhibit D-26, #26 Exhibit D-27, #27 Exhibit D-28, #28 Exhibit D-29, #29 Exhibit D-30, #30 Exhibit D-31, #31 Exhibit D-32, #32 Exhibit D-33, #33 Exhibit D-34, #34 Exhibit D-58, #35 Exhibit D-59, #36 Exhibit D-60, #37 Exhibit D-61, #38 Exhibit D-62, #39 Exhibit D-63, #40 Exhibit D-64, #41 Exhibit D-65, #42 Exhibit D-66)(McNeill, James)
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Filing 273
MOTION in Limine by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 272
Proposed Voir Dire by Bonny Edward Taylor. (Crow, Michael)
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Filing 271
MOTION in Limine Omnibus by Bonny Edward Taylor. (Attachments: #1 Exhibit A)(Crow, Michael)
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Filing 270
Proposed Jury Instructions by Bonny Edward Taylor. (Crow, Michael)
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Filing 269
Proposed Jury Verdict Form by Bonny Edward Taylor. (Crow, Michael)
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Filing 268
TEXT ORDER rescheduling the Final Pretrial Conference set for 5/19/2021 at 11:00am to 5/19/2021 at 09:30 AM in Courtroom 2B before Honorable Judge William Keith Watkins. Signed by Honorable Judge William Keith Watkins on 5/3/2021. (Furn: Calendar, wr) (Term: FPC set for 05/19/2021 at 11:00am) (bes, )
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Filing 267
TEXT ORDER: Resetting Final Pretrial Conference set for 5/19/2021 11:00 AM to CR 2B (from 2F) before Honorable Judge William Keith Watkins.. Entered by Honorable Judge William Keith Watkins on 5/1/2021. (ag, )
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Filing 266
Witness List by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 265
TEXT ORDER granting #264 Motion for Extension of Deadline. Signed by Honorable Judge William Keith Watkins on 4/29/2021. (No PDF attached to this entry) (bes, )
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Filing 264
Joint MOTION for Extension of Deadline re #248 ORDER ON PRETRIAL HEARING by Bonny Edward Taylor, Bill Blue, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit A)(Crow, Michael) Modified on 4/29/2021 to clarify the docket text and to add the DFTs as filers (bes, ).
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Filing 263
Objection to re #254 Exhibit List filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 262
Objection to re #255 Deposition Designations filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 261
Objection to re #253 Deposition Designations filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 260
Objection to Plaintiff's Exhibits, Witnesses, and Deposition Designations filed by Bill Blue, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McNeill, James)
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Filing 259
Objection to re #252 Witness List filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 258
Amended Witness List by Bonny Edward Taylor. (Crow, Michael) Modified on 4/20/2021 to clarify text (cwl, ).
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Filing 257
Exhibit List by Bonny Edward Taylor.. (Crow, Michael)
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Filing 256
Deposition Designations by Bonny Edward Taylor.. (Crow, Michael)
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Filing 255
Deposition Designations Response to Deposition Designations of Plaintiff by Bill Blue, Benjamin Hunter, Roy Parker.. (McNeill, James)
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Filing 254
Exhibit List by Bill Blue, Benjamin Hunter, Roy Parker.. (McNeill, James)
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Filing 253
Deposition Designations by Bill Blue, Benjamin Hunter, Roy Parker.. (McNeill, James)
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Filing 252
Witness List by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 251
TEXT ORDER resetting the Final Pretrial Conference from 5/18/2021 to 5/19/2021 at 11:00 AM in courtroom 2F before Honorable Judge William Keith Watkins. Signed by Honorable Judge William Keith Watkins on 4/6/2021. (Furn: Calendar, wr) (Term: FPC set for 05/18/2021) (No PDF attached to this entry)(bes, )
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Filing 250
ORDER: Upon consideration of the #249 Joint Motion to Extend Mediation Date, it is ORDERED that the motion is GRANTED to and including 5/12/2021. It is further ORDERED as follows: (1) The status conference set on 4/8/2021 (Doc. #248 , at 13) is CANCELLED; and (3) All other deadlines and the trial date remain unchanged, unless the parties agree to a continuance of the scheduled trial date. Signed by Honorable Judge William Keith Watkins on 2/25/2021. (bes, )
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PURSUANT TO THE #248 ORDER - Set Deadlines & Hearings: Trial Brief due by 5/14/2021; Jury Selection & Jury Trial set for 5/21/2021 at 10:00 AM in Courtroom 2F before Honorable Judge William Keith Watkins; Final Pretrial Conference set for 5/18/2021 at 11:00 AM in Courtroom 2F before Honorable Judge William Keith Watkins. (No PDF attached to this entry - see doc #248 for PDF) (bes, )
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Filing 249
Joint MOTION for Extension of Mediation Date re #246 Order by Bonny Edward Taylor, Bill Blue, Benjamin Hunter, Roy Parker, R. Brad Wash. (Crow, Michael) Modified on 2/25/2021 to clarify the docket text and to add Dfts as filers (bes, ).
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Filing 248
ORDER ON PRETRIAL HEARING: jury selection and trial of this case, which is to last approximately 6 days, is set for Friday, 5/21/2021, at 10:00 am, in the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Courtroom 2-F, Montgomery, AL; On Friday, 5/21/2021, the attorneys are DIRECTED to be present in Courtroom 2F by 8:30 am; Trial Briefs due on or before 5/14/2021; All understandings, agreements, deadlines, and stipulations contained in this Order shall be binding on all parties unless modified by the court. Signed by Honorable Judge William Keith Watkins on 2/23/2021. (Furn: Calendar, wr)(bes, )
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Filing 247
Joint NOTICE with Block Out Dates for Trial by Bill Blue, Benjamin Hunter, Roy Parker, Bonny Edward Taylor (McNeill, James) Modified on 2/12/2021 to add the plf as a filer and to clarify the docket text (bes, ).
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Filing 246
ORDER: This action is referred to mediation; Counsel are ORDERED to confer and agree upon a mediator, either a private mediator or the Magistrate Judge assigned to this case; The mediation shall be conducted on or before 3/31/2021; Absent the parties' agreement otherwise, the cost of a private mediator's services shall be born equally by the parties; Within 5 days after the mediation, the parties shall file a notice with the court advising whether a settlement has been reached. Signed by Honorable Judge William Keith Watkins on 2/1/2021. (bes, )
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Filing 245
ORDER: To accommodate the parties' schedules for purposes of setting a new trial date, on or before 2/11/2021, counsel for Plf and Dfts shall file a joint notice with block-out dates through 9/3/2021, designating when counsel will not be available for trial; The pretrial order will be entered when the new trial date is set. Signed by Honorable Judge William Keith Watkins on 2/1/2021. (bes, )
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Filing 244
Minute Entry for proceedings held before Honorable Judge William Keith Watkins: Pretrial Conference held on 1/28/2021 (PDF available for court use only). (Court Reporter Blanton Callen.) (war, )
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Filing 243
ORDER: it is ORDERED that the hearing set on 1/28/2021, at 10:00 a.m. (see Doc #239 ) shall be via video telephone conference before the undersigned, as further set out in order; it is further ORDERED that, prior to 1/28/2021, counsel for the parties shall have a face-to-face conference, which may be by video conference, as further set out in order. Signed by Honorable Judge William Keith Watkins on 1/14/2021. (Furn: Calendar, wr)(bes, )
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Filing 242
NOTICE of Appearance by Dana Gibson Taunton on behalf of Bonny Edward Taylor (Taunton, Dana)
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Filing 241
Appeal Record Returned from US Court of Appeals re #228 Notice of Interlocutory Appeal: (1) Folder of Exhibits containing (4) DVDs (Exhibit SS, TT, Doc. Nos. #110 , #117 ; Exhibit 10, Exhibit 11, Exhibit 12, Doc. Nos. #128 , #132 ). (dmn, )
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Filing 240
USCA JUDGMENT Entered 9/21/2020 issued as Mandate 10/20/2020 (with attached Bill of Costs) as to #228 Notice of Interlocutory Appeal filed by Roy Parker, Bill Blue, Benjamin Hunter, 11th Circuit Appeal No. 19-14862-EE: It is hereby ordered, adjudged, and decreed that the opinion issued on this date in this appeal is entered as the judgment of this Court. (dmn, )
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Filing 239
ORDER setting Pretrial Hearing for 1/28/2021 @ 10:00 AM before Honorable Judge William Keith Watkins in Courtroom 2-B, FMJ US Courthouse, Montgomery, AL; direcitng the parties to prepare a JOINT Proposed Pretrial Order due by 1/23/2021, as further set out in order; Jury Trial set for 3/15/2021 before Honorable Judge William Keith Watkins, in Montogmery, AL. Signed by Honorable Judge William Keith Watkins on 10/9/2020. Furnished to Appeals Clerk, calendar group & WR.(djy, ).
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Filing 238
TEXT ORDER VACATING #161 Order Referring Case to Magistrate Judge. Signed by Honorable Judge William Keith Watkins on 10/9/2020. (NO PDF document attached to this notice. Furnished to Appeals Clerk (djy, ) .
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Filing 237
Case reassigned to Honorable Judge William Keith Watkins. Honorable Judge Keith Starrett no longer assigned to the case as presiding judge. (djy, )
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Filing 236
SIGNED Opinion with Costs received from USCA on 11th Circuit Appeal No. 19-14862-EE. Opinion issued by court as to Appellants Bill Blue, Benjamin Hunter and Roy Parker. Decision: AFFIRMED. Opinion type: Non-Published. Opinion method: Signed. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. (dmn, )
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Case Reassigned to Honorable Judge Kelly F. Pate as referral judge; Honorable Judge Wallace Capel, Jr no longer assigned to the case. (No PDF attached to this entry) (bes, )
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Filing 235
Transmitted Record on Appeal as to Bill Blue, Benjamin Hunter, Roy Parker to US Court of Appeals re #228 Notice of Interlocutory Appeal: (1) Folder containing (4) DVDs (Exhibit SS, TT, Doc. Nos. #110 , #117 ; Exhibit 10, Exhibit 11, Exhibit 12, Doc. Nos. #128 , #132 ). (dmn, )
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Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: #228 Notice of Interlocutory Appeal, Appeal No. 19-14862-EE. The entire record on appeal is available electronically with the exception of VIDEOS on (4) DVDS: Exhibit SS (Attachment 45, Doc. #110 ; Attachment 1, Doc. #117 ); Exhibit TT (Attachment 46, Doc. #110 ; Attachment 1, Doc. #117 ); Exhibit 10, 11, 12 (Attachments Doc. #128 and Attachment 1, Doc. #132 ). Copies of (4) DVDS being mailed to USCA. (dmn, )
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Filing 234
USCA Appeal Fees received $ 505 receipt number 4602055976 re #228 Notice of Interlocutory Appeal filed by Roy Parker, Bill Blue, Benjamin Hunter 11th Circuit Appeal No. 19-14862-E. (djy, )
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Filing 233
USCA Case Number 19-14862-E for #228 Notice of Interlocutory Appeal filed by Roy Parker, Bill Blue, Benjamin Hunter. Fee Status: Fee Not Paid. No hearings to be transcribed. Awaiting Appellant's Certificate of Interested Persons due on or before 12/19/2019 as to Appellant Bill Blue. Awaiting Appellee's Certificate of Interested Persons due on or before 1/2/2020 as to Appellee Bonny Edward Taylor. (dmn, )
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Filing 232
TRANSCRIPT INFORMATION FORM by Bill Blue, Benjamin Hunter, Roy Parker re #228 Notice of Interlocutory Appeal with the following notation, "No transcript is required for appeal purposes." (Clements, Fred) (Main Document 232 replaced on 12/5/2019) (dmn, ). Modified on 12/5/2019 to include properly formatted pdf and include additional text. (dmn, )
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Filing 231
Transmission of #228 Notice of Interlocutory Appeal, #223 Memorandum Opinion and Order, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, )
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Filing 230
Appeal Instructions sent to attorney Fred Clements, counsel for Bill Blue, Benjamin Hunter, Roy Parker, re #228 Notice of Interlocutory Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript. (Attachments: #1 Transcript Information Form)(dmn, )
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Filing 229
ORDER: The Court grants Defs' unopposed Motion to Correct #227 the Court's prior order #210 reinstating Henry P. Hughes as a party-Def. Plf previously conceded that his claims against Hughes were due to be dismissed, and he did not appeal the Court's dismissal of said claims. Likewise, he does not oppose the present motion. Therefore, the Court modifies its previous order. Plf's claims against Henry P. Hughes remain dismissed. Signed by Honorable Judge Keith Starrett on 12/4/2019. (Attachments: #1 Civil Appeals Checklist) (cnw, )
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Filing 228
NOTICE OF INTERLOCUTORY APPEAL by Bill Blue, Benjamin Hunter, Roy Parker as to #223 Memorandum Opinion and Order entered 11/5/2019. (Clements, Fred) Modified on 12/4/2019 to clean up text. (dmn, )
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Filing 227
MOTION to Correct Order re #210 Order, by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (Clements, Fred) Modified on 12/3/2019 to correct the motion event (cnw, ).
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Filing 226
TERMINATION OF HEARING: The Pretrial Conference of this matter set for Thursday, November 7, 2019, is hereby TERMINATED; This Pretrial Conference will be reset at a later date to be determined by the Court. Signed by Honorable Judge Keith Starrett on 11/6/2019. (Furn: Calendar, WR) (Term: PTC set for 11/7/2019)(kr, )
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Filing 225
ORDER: the Court grants in part and denies in part Defendants' #213 Motion in Limine, as further set out in order. Signed by Honorable Judge Keith Starrett on 11/4/2019. (kr, )
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Filing 224
ORDER: The Court grants Plaintiff's Motion to Strike #220 Defendants' Amended Motion in Limine #217 . The motion was untimely, and the Court will not address it. Defendants are still free to raise contemporaneous objections at trial, though. Signed by Honorable Judge Keith Starrett on 11/4/2019. (kr, )
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Filing 223
MEMORANDUM OPINION AND ORDER: The Court grants in part and denies in part Defendants' Motion to Renew #214 their motion for summary judgment on the basis of qualified immunity. The Court grants Defendants' request for the Court to address the question of whether their alleged actions violated clearly established law. But the Court denies the renewed motion for summary judgment as to whether Defendants' alleged actions violated clearly established law, as further set out in order. Signed by Honorable Judge Keith Starrett on 11/4/2019. (kr, )
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Filing 222
REPLY to Response to Motion re #220 MOTION to Strike #217 Amended MOTION in Limine filed by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 221
REPLY to Response to Motion re #214 MOTION to Renew Summary Judgment filed by Bill Blue, Benjamin Hunter, Roy Parker. (Clements, Fred)
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Filing 220
MOTION to Strike #217 Amended MOTION in Limine by Bonny Edward Taylor. (Crow, Michael)
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Filing 219
RESPONSE in Opposition re #213 MOTION in Limine filed by Bonny Edward Taylor. (Attachments: #1 Exhibit A- Plaintiff's Supplemental Initial Disclosures, #2 Exhibit B-Booking Medical Log, #3 Exhibit C- (Doc 170)Memorandum Opinion and Order)(Crow, Michael)
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Filing 218
NOTICE of Correction re #216 Response in Opposition to Motion, to attach the corrected PDF document for the exhibit to the main document. (Attachments: #1 Corrected Attachment PDF Document of Ex A to Docket Entry #216 )(kr, )
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Filing 217
Amended MOTION in Limine by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 216
RESPONSE in Opposition re #214 MOTION to Renew Summary Judgment filed by Bonny Edward Taylor. (Attachments: #1 Exhibit A- Appellees Amended Petition for Hearing En Banc)(Crow, Michael) (Attachment 1 replaced on 10/25/2019) (kr, ). Modified on 10/25/2019 to attach the corrected PDF document for the exhibit to the main document (kr, ).
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Filing 215
ORDER re #213 MOTION in Limine, #214 MOTION to Renew; Plaintiff shall respond to the motions on or before October 28, 2019; Defendants may reply on or before November 1, 2019; An abbreviated briefing schedule is necessary so that the Court can address the motions before the pretrial conference scheduled for November 7, 2019. Signed by Honorable Judge Keith Starrett on 10/22/2019. (kr, )
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***PURSUANT TO THE #214 MOTION - Attorney Kendrick Emerson Webb for Bill Blue, Benjamin Hunter, Roy Parker added. (No pdf attached to this entry) (kr, )
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Filing 214
MOTION to Renew Summary Judgment by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 213
MOTION in Limine by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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***PURSUANT TO THE #213 MOTION - Attorney Fred Lee Clements, Jr for Henry P. Hughes added. (No pdf attached to this entry) (cnw, )
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Set/Reset Hearings: Final Pretrial Conference set for 11/7/2019 at 9:00 AM in Courtroom 2F, Frank M. Johnson, Jr. U.S. Courthouse, One Church Street, Montgomery, Alabama before Honorable Judge Keith Starrett. (No pdf attached to this entry)(Furn: Calendar) (kr, )
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Filing 212
NOTICE of PRETRIAL CONFERENCES. (kr, )
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Filing 211
Minute Entry for proceedings held before Honorable Judge Keith Starrett: Telephone Conference held on 8/16/2019 (PDF available for court use only). (djy, )
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Filing 210
ORDER: Pursuant to the Opinion #207 and Judgment #208 of the Court of Appeals, this case is reopened; Plaintiff's claims against Defendants Henry Hughes, Roy Parker, Benjamin Hunter, and Bill Blue under 42 USC 1983 and state law are reinstated; Plaintiff's claims against the other Defendants remain dismissed pursuant to Plaintiff's voluntary dismissal #7 , #9 , #11 , #12 and the parties' settlement #200 ; The Court will contact the attorneys of record to schedule a pretrial conference and trial. Signed by Honorable Judge Keith Starrett on 8/16/2019. (kr, )
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Filing 209
Appeal Record Returned from USCA re Appeal No. 17-14772-B: (3) CDs in brown envelope with copy of Doc. #132 Notice of Conventional Filing. (dmn, )
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Filing 208
USCA JUDGMENT with BILL OF COSTS issued as the Mandate as to #201 Notice of Appeal filed by Bonny Edward Taylor, 11th Circuit Appeal No. 17-14772-JJ. It is hereby ordered, adjudged, and decreed that the opinion issued on this date in this appeal is entered as the judgment of this Court. For the Court. (dmn, )
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Case reopened; remand from USCA. (dmn, ) (see Doc. #207 )
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Filing 207
OPINION with COSTS issued by USCA as to Appellant Bonny Edward Taylor as to #201 Notice of Appeal filed by Bonny Edward Taylor, 11th Circuit Appeal No. 17-14772-JJ: Decision: REVERSED and REMANDED. Opinion type: Published. Opinion method: Signed. The opinion is also available through the Court's Opinions page at this lin http://www.ca11.uscourts.gov/opinions. Pursuant to Fed.R.App.P. 39, costs taxed against appellees. (dmn, )
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Filing 206
Certified and Transmitted (3 CD/DISCS placed in separate brown envelope with Doc. 132 NOTICE OF FILING Exhibit SS and Exhibit TT, which is forward BY UP to US Court of Appeals re 17-14772-B, #201 Notice of Appeal. (ydw, )
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Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: #201 Notice of Appeal, Appeal No. 17-14772-B. The record on appeal is available electronically with the exception of (3 CD/DISCS placed in separate brown envelope in file with Doc. #132 NOTICE OF FILING Exhibit SS and Exhibit TT, which is forward BY UP TO USCA. (ydw, )
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Filing 205
USCA Case Number 17-14772-B for #201 Notice of Appeal filed by Bonny Edward Taylor. No hearings to be transcribed. (ydw,
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Filing 204
USCA Appeal Fees received $ 505.00 receipt number 4602047257 re #201 Notice of Appeal filed by Bonny Edward Taylor. (ydw, )
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Filing 203
Transmission of Notice of Appeal, #200 Judgment, and Docket Sheet to US Court of Appeals re #201 Notice of Appeal. (Attachments: #1 DOCKET SHEET)(ydw, )
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Filing 202
TRANSCRIPT INFORMATION FORM by Bonny Edward Taylor (Crow, Michael) (Main Document 202 replaced on 10/25/2017, to make correction - Original pleading not saved as a PDF document ) (ydw, ). Modified on 10/25/2017 (ydw, ).
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Filing 201
NOTICE OF APPEAL as to #200 Judgment,,,, by Bonny Edward Taylor (Crow, Michael)
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Filing 200
[REVERSED AND REMANDED PURSUANT TO #207 USCA OPINION.] PRO TANTO JUDGMENT OF DISMISSAL: This cause comes before the Court sua sponte, some of the parties having announced that they have reached a compromise and settlement of all their pending claims in this matter. Accordingly, the Court being desirous of removing this matter from its docket; IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is hereby dismissed with prejudice as to all claims of plaintiff against Advanced E.M.S., Inc. By agreement of the parties, the Court hereby retains jurisdiction to enforce the settlement agreement and impose attorney's fees and costs as indicated. IT IS FURTHER ORDERED AND ADJUDGED that, as the claims of the remaining Defendants were disposed of on summary judgment, this order constitutes a Final Judgment as to Plaintiff's claims against the other Defendants. All pending motions are hereby moot and this case is closed. Signed by Honorable Judge Keith Starrett on 9/29/2017. Copies furnished to calendar group, AR. (Attachments: #1 Civil Appeals Checklist) (Deadline terminated: Jury Trial set for 10/2/2017.)(dmn, ) Modified on 4/8/2019 (dmn, ). Modified on 8/16/2019 to add text and remanded (qc/djy, ).
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Minute Entry for proceedings held before Honorable Judge Keith Starrett: Settlement Conference held on 9/20/2017; Participants for the Plaintiff: Attorneys Mike Crowe and Parker Miller. Also present, Bonny Taylor, plaintiff, and Lewis Taylor, son of Plaintiff. Participants for the Defense: Attorneys Tony Harlow, Greg Burge, and Steve Shahan. Also present, Maria Moudy on behalf of Advance E.M.S. and Michael Smith, Advance E.M.S. defendant. Case Settled; Time in court 5 hours 30 minutes (NO PDF Document attached to this notice). (Court Reporter Risa Entrekin.) (djy, )
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Minute Entry for proceedings held before Honorable Judge Keith Starrett: Pretrial Conference held on 9/20/2017; Participants for the Plaintiff: Attorneys Mike Crowe and Parker Miller. Also present, Bonny Taylor, plaintiff, and Lewis Taylor, son of Plaintiff. Participants for the Defense: Attorneys Tony Harlow, Greg Burge, and Steve Shahan. Also present, Maria Moudy on behalf of Advance E.M.S. and Michael Smith, Advance E.M.S. defendant; Time in court 1 hour (No PDF document attached to this notice). (Court Reporter None.) (djy, )
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Filing 199
NOTICE of Appearance by Fred Lee Clements, Jr on behalf of Bill Blue, Benjamin Hunter, Roy Parker (Clements, Fred)
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Alternative MOTION for Leave to File Interlocutory Appeal on the issues raised in its Daubert motions and motion for summary judgment, and Alternative MOTION to Certify a Question to the Alabama Supreme Court as to whether Dr. Sobel is a similarly situated healthcare provider to AEI's Brooke Beam and Reba Reese, by Advanced E.M.S., Inc. (dmn, ) (NO PDF, see Doc. #198 for pdf.)
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RESPONSE to Plaintiff's #187 Objections to Defendant Advanced E.M.S.'s #177 Exhibit List, by Advanced E.M.S., Inc. (dmn, ) (NO PDF, see Doc. #196 for pdf; wrong event code selected at original time of filing.)
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Filing 198
MOTION to Reconsider the Orders Denying Defendant's Motion to Exclude the Testimony of Richard Sobel, MD, MPH and Defendant's Motion for Summary Judgment (Docs. #173 Memorandum Opinion and Order, #170 Memorandum Opinion and Order) and, in the Alternative, MOTION for Interlocutory Appeal, and in the Second Alternative, MOTION for Certified Question by Advanced E.M.S., Inc. (Harlow, Anthony) Modified on 9/20/2017 to reflect actual title. (dmn, )
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Filing 197
RESPONSE to Plaintiff's #186 Objections to Defendant Advanced E.M.S.'s #176 Deposition Designations by Advanced E.M.S., Inc. (Harlow, Anthony) Modified on 9/20/2017 to reflect actual title, create links to Doc. #186 , #176 ; wrong event code selected at time of filing. (dmn, )
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Filing 196
[WRONG EVENT CODE SELECTED, SEE CORRECTED DOCKET ENTRY.] Exhibit List Response to Plaintiff's Objections to Advanced EMS'S Exhibit List by Advanced E.M.S., Inc. (Harlow, Anthony) Modified on 9/20/2017. (dmn, )
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Filing 195
NOTICE of Appearance by Joseph Parker Miller on behalf of Bonny Edward Taylor (Miller, Joseph)
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Minute Entry for proceedings held before Honorable Judge Keith Starrett: Telephone Conference held on 9/15/2017; time in court 15 minutes, no court reporter (NO PDF document attached to this notice). (djy, )
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Filing 194
TEXT ORDER: A Conference Call is set for 9/15/2017 at 02:00 PM before Honorable Judge Keith Starrett. Parties are instructed to dial 877-336-1828 and enter passcode 940-8529 to join the call. Signed by Honorable Judge Keith Starrett on 9/15/2017. Copies furnished to calendar group, AR.(dmn, ) (NO PDF)
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MEMORANDUM of Law in Support of #193 MOTION for Entry of Judgment under Rule 54(b) filed by Bonny Edward Taylor. (dmn, ) (NO PDF, see Doc. #193 for pdf.)
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Filing 193
MOTION for Entry of Final Judgment as to Defendants Hunter, Parker, and Blue under Rule 54(b) by Bonny Edward Taylor. (Crow, Michael) Modified on 9/15/2017 to include additional text. (dmn, )
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Filing 192
Deposition Designations Supplementations by Advanced E.M.S., Inc... (Attachments: #1 Exhibit Thompson Supplement, #2 Exhibit Wilson Supplement)(Coulter, Benjamin)
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Filing 191
Objections to Plaintiff's #179 Deposition Designations filed by Advanced E.M.S., Inc. (Coulter, Benjamin) Modified on 9/13/2017 to create link to Doc. #179 . (dmn, )
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Filing 190
Objection to Plaintiff's #181 Witness List by Advanced E.M.S., Inc. (Coulter, Benjamin) Modified on 9/13/2017 to create link to Doc. #181 and edit title of document; wrong event code selected when originally filed. (dmn, )
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Filing 189
Objections to Plaintiff's #185 Amended Exhibit List by Advanced E.M.S., Inc. (Coulter, Benjamin) Modified on 9/13/2017 to create link to Doc. #185 and edit text; wrong event code selected when originally filed. (dmn, )
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Filing 188
Deposition Designations Supplemental by Bonny Edward Taylor.. (Crow, Michael)
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Filing 187
Objection to re #177 Exhibit List filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 186
Objection to re #176 Deposition Designations filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 185
Exhibit List Amended by Bonny Edward Taylor.. (Crow, Michael)
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CORRECTED Hearings pursuant to 184 TEXT ORDER: Settlement Conference set for 9/20/2017 09:00 AM in CR 2A before Honorable Judge Keith Starrett pursuant to #165 Notice & reset by 184 Text order (NO PDF Document attached to this notice). (djy, )
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Filing 184
TEXT ORDER resetting Pretrial Conference for 9/20/2017 at 09:00 AM in CR 2A in Montgomery, AL before Honorable Judge Keith Starrett due to potential inclement weather. Signed by Honorable Judge Keith Starrett on 9/8/2017. Copies furnished to calendar group, AR. (Deadline terminated: Final Pretrial Conference set for 9/12/2017.) (NO PDF)(dmn, )
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Filing 183
ORDER: The Court grants Advanced EMS, Inc.s Motion for Relief #182 . Maria Moudy, its insurance claims service administrator, is not required to attend the pretrial conference next week, and AEIs insurance administrator may participate in the conference by telephone. Signed by Honorable Judge Keith Starrett on 9/7/2017. (dmn, )
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Filing 182
Unopposed MOTION for Relief from 164 Text Order by Advanced E.M.S., Inc. (Coulter, Benjamin) Modified on 9/8/2017 to create link to Doc. 164 . (dmn, )
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Filing 181
Witness List by Bonny Edward Taylor. (Crow, Michael) (Additional attachment(s) added on 9/8/2017: #1 Redacted Witness List) (dmn, ).
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Filing 180
Exhibit List by Bonny Edward Taylor.. (Crow, Michael)
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Filing 179
Deposition Designations by Bonny Edward Taylor.. (Crow, Michael)
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Filing 178
Witness List by Advanced E.M.S., Inc. (Coulter, Benjamin) (RESTRICTED PRIVACY) (Additional attachment(s) added on 9/21/2017 to redact personal information contained in original filing pursuant to the E-Goverment Act: #1 Redacted Main Document) (dmn, ). Modified on 9/21/2017. (dmn, )
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Filing 177
Exhibit List by Advanced E.M.S., Inc... (Coulter, Benjamin)
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Filing 176
Deposition Designations by Advanced E.M.S., Inc... (Coulter, Benjamin)
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Filing 175
ORDER: The Court denies the parties' #167 Joint Motion to Amend the scheduling order to the extent it seeks a continuance of the pretrial conference. The motion is moot insofar as it requests a status conference. The Court held a status conference on 8/16/2017. Signed by Honorable Judge Keith Starrett on 9/5/2017. (dmn, )
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Filing 174
[REVERSED AND REMANDED PURSUANT TO #207 USCA OPINION.] MEMORANDUM OPINION AND ORDER: IT IS THEREFORE ORDERED AND ADJUDGED that the #108 Motion for Summary Judgment is granted as further set out in the order. Plaintiff's claims against Defendants Henry Hughes, Roy Parker, Benjamin Hunter, and Bill Blue are dismissed with prejudice. Signed by Honorable Judge Keith Starrett on 8/31/2017. (dmn, ) Modified on 8/16/2019 (kr, ).
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Filing 173
MEMORANDUM OPINION AND ORDER: The Court denies Defendant Advanced E.M.S., Inc.'s #112 Motion for Summary Judgment as further set out in the opinion and order. Signed by Honorable Judge Keith Starrett on 8/28/2017. (dmn, )
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Filing 172
ORDER: For the same reasons provided in its Memorandum Opinion and Order #170 of 8/18/2017, denying Defendant Advanced EMS, Inc.s Motion to Strike #143 theaffidavit of James R. Lauridson, M.D., the Court denies the Motion to Strike #147 Lauridsons affidavit filed by Defendants Blue, Hunter, and Parker. Signed by Honorable Judge Keith Starrett on 8/22/2017. (dmn, )
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Filing 171
STATUS REPORT Report of Mediator by R. Brad Wash. (Wash, Robert)
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Filing 170
MEMORANDUM OPINION AND ORDER: It is THEREFORE ORDERED AND ADJUDGED that the Motion to Exclude McAndrew #111 is denied. IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Exclude Sobel #114 is denied. IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Exclude Gonzalez #115 is deferred. IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Exclude Lauridson #116 is deferred. IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Strike Supplemental Disclosures #141 is granted. IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Strike Gonzalez Affidavit #142 is granted. IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Strike Lauridson Affidavit #143 is denied. IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Strike Sobel Affidavit #144 is denied. Signed by Honorable Judge Keith Starrett on 8/18/2017. (dmn, )
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Minute Entry for proceedings held before Honorable Judge Keith Starrett: Telephone Conference held on 8/16/2017 (No PDF document attached to this notice). (Court Reporter Fred Jeske.) (djy, )
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Filing 169
TEXT ORDER: Telephone Conference in this matter is set for 8/16/2017 at 2:00 PM before Honorable Judge Keith Starrett. Parties are instructed to dial 877-336-1828 and enter passcode 940-8529 to join the call. Signed by Honorable Judge Keith Starrett on 8/14/2017. Copies furnished to calendar group, AR. (dmn, ) (NO PDF)
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Filing 168
NOTICE of Appearance by Stanley Gregory Burge on behalf of Advanced E.M.S., Inc. (Burge, Stanley)
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JOINT MOTION for Status Conference by Advanced E.M.S., Inc., Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker, Bonny Edward Taylor. (dmn, ) (NO PDF, see Doc. #167 for pdf.)
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Filing 167
Joint MOTION for Status Conference and to Alter, Amend, or Vacate the #165 Notice ("Pretrial Order" entered 8/8/2017) by Advanced E.M.S., Inc., Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker, Bonny Edward Taylor. (Harlow, Anthony) Modified on 8/14/2017 to clean up text and include additional filers. (dmn, )
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Filing 166
ORDER: The Courts Notice of Pretrial Conference #165 provided that the parties motions in limine must be filed twenty-one days prior to the pretrial conference, while the Courts Amended Uniform Scheduling Order #89 provides that motions in limine must be filed twenty-one days prior to the trial date. To clarify: all motions in limine must be filed twenty-one days prior the first day of trial, and all responses thereto must be filed fourteen days before the first day of trial. Signed by Honorable Judge Keith Starrett on 8/10/2017. (dmn, )
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Filing 165
NOTICE of PRETRIAL CONFERENCES. (djy, )
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Filing 164
TEXT ORDER setting Pretrial Conference for 9/12/2017 09:00 AM before Honorable Judge Keith Starrett, in Courtroom 2A, FMJ US Courthouse, Montgomery, AL; please note that counsel and their client(s) and any other person necessary for settlement authority shall be present at the conference unless excused by the court. Signed by Honorable Judge Keith Starrett on 8/8/17. Furnished to calendar group & AR. (NO PDF document attached to this notice).(djy, )
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Filing 163
ORDER GRANTING parties' #162 Joint MOTION to Amend to Partially Amend Scheduling Order to Modify Pretrial Deadlines; the deadlines set out in 9-11of the Courts #89 Amended Uniform Scheduling Order are amended as follows:(1) The parties' deadline for filing trial witness lists, deposition designations and trial exhibits is 9/5/17; (2) Objections to trial witness lists, deposition designations, and trial exhibits are due 9/12/17; and (3) Written responses to objections to trial witness lists, deposition designations, and trial exhibits are due 9/19/17. Signed by Honorable Judge Wallace Capel, Jr on 7/26/17. (djy, )
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Filing 162
Joint MOTION to Partially Amend #89 Scheduling Order to Modify Pretrial Deadlines by Advanced E.M.S., Inc., Bonny Edward Taylor, Henry P. Hughes, Benjamin Hunter, Bill Blue, Roy Parker. (Coulter, Benjamin) Modified on 7/28/2017 to include additional filers. (dmn, )
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Motions No Longer Referred pursuant to referral order: #112 MOTION for Summary Judgment and Incorporated Memorandum of Law in Support Thereof, #108 MOTION for Summary Judgment (djy, )
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Motions No Longer Referred to Magistrate Judge Capel, pursuant to referral order and email from chambers: #114 MOTION to Strike /Motion to Exclude the Testimony of Richard Sobel, MD, MPH, #111 MOTION to Strike Expert Opinion Testimony, #143 MOTION to Strike the Affidavit of James R. Lauridson, M.D., #144 MOTION to Strike Affidavit of Richard M. Sobel, M.D., #147 MOTION to Strike #128 Evidentiary Submission,,,,,,,,,, 16-Affidavit of Dr. James Lauridson, #115 MOTION to Strike /Motion to Exclude the Testimony of Peter Gonzalez, #141 MOTION to Strike the Supplemental Expert Witness Disclosures of Peter Gonzalez, #142 MOTION to Strike the Affidavit of Medic Pete Gonzalez, #116 MOTION to Strike Exclude or Limit the testimony of James R. Lauridson, M.D. (djy, )
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Filing 161
ORDER REFERRING CASE to Magistrate Judge Honorable Judge Wallace Capel, Jr for action or recommendation on all pretrial matters as provided by 28 U.S.C. 636(b)(1)(A). Signed by Honorable Judge Keith Starrett on 7/7/2017. (dmn, )
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Filing 160
REPLY to #159 Response to #156 MOTION for Leave to File Supplement to #108 Motion for Summary Judgment and #109 Brief in Support Thereof filed by Bill Blue, Benjamin Hunter, Ray Parker. (McNeill, James) Modified on 6/22/2017 to create links. (dmn, )
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Filing 159
RESPONSE to #156 MOTION for Leave to File Supplement to #108 Motion for Summary Judgment and #109 Brief in Support Thereof filed by Bonny Edward Taylor. (Crow, Michael) Modified on 6/22/2017 to create links. (dmn, )
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Filing 158
ORDER: The Court orders the parties to provide the Court with copies of any evidentiary materials filed conventionally such as, but not limited to, the discs referred to in Plaintiffs Notice of Conventional Filing #132 of 4/12/2017. The materials shall be mailed to the undersigned judges chambers in Hattiesburg, Mississippi, on or before Friday, 6/9/2017. Signed by Honorable Judge Keith Starrett on 6/2/2017. (dmn, )
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Filing 157
ORDER granting #156 Motion for Leave to for Leave to Supplement; the motion for summary judgment is hereby deemed supplemented to include the authority cited in their motion. If Plaintiff wishes to respond to the supplemental authority, she may do so on or before 6/13/17. If Defendants wish to reply, they may do so onor before 6/20/17. Signed by Honorable Judge Keith Starrett on 5/31/17. (djy, )
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Filing 156
MOTION for Leave to File Supplement to #108 Motion for Summary Judgment and #109 Brief in Support Thereof by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James) Modified on 6/22/2017 to create links to Docs. #108 , #109 . (dmn, )
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Filing 155
REPLY to #149 Response to Motion re #147 MOTION to Strike #128 Evidentiary Submission,,,,,,,,,, 16-Affidavit of Dr. James Lauridson filed by Bill Blue, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McNeill, James) Modified on 5/31/2017 to clarify text to reflect as REPLY to #149 response (qc/djy, ).
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Filing 154
BRIEF/MEMORANDUM in Support re #142 MOTION to Strike the Affidavit of Medic Pete Gonzalez, #141 MOTION to Strike the Supplemental Expert Witness Disclosures of Peter Gonzalez filed by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 153
BRIEF/MEMORANDUM in Support re #144 MOTION to Strike Affidavit of Richard M. Sobel, M.D. filed by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 152
BRIEF/MEMORANDUM in Support re #143 MOTION to Strike the Affidavit of James R. Lauridson, M.D. filed by Advanced E.M.S., Inc.. (Attachments: #1 Exhibit A)(Harlow, Anthony)
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Filing 151
RESPONSE in Opposition re #142 MOTION to Strike the Affidavit of Medic Pete Gonzalez, #141 MOTION to Strike the Supplemental Expert Witness Disclosures of Peter Gonzalez filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 150
RESPONSE in Opposition re #144 MOTION to Strike Affidavit of Richard M. Sobel, M.D. filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 149
RESPONSE in Opposition to #147 MOTION to Strike #128 Evidentiary Submission, 16-Affidavit of Dr. James Lauridson, #143 MOTION to Strike the Affidavit of James R. Lauridson, M.D. filed by Bonny Edward Taylor. (Crow, Michael) Modified on 5/23/2017 to clean up text. (dmn, )
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Filing 148
ORDER: On 5/1/2017, Defendants filed several Motions to Strike [ #141 , #142 , #143 , #144 , #147 ] certain evidence submitted in response to their pending dispositive motions. In keeping with the Courts General Briefing Order #35 , Plaintiff shall respond to the motions to strike on or before 5/22/2017. If Defendants want to reply, they may do so within seven days of the filing of Plaintiffs responses, but no later than 5/29/2017. Signed by Honorable Judge Keith Starrett on 5/2/2017. (dmn, )
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Filing 147
MOTION to Strike affidavit of James Lauridson filed as an attachment to #128 Evidentiary Submission, (Doc. #128 -16) by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James) Modified on 5/2/2017 to clean up text. (dmn, )
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Filing 146
REPLY BRIEF re #125 Response to Motion, #111 MOTION to Strike Expert Opinion Testimony filed by Bill Blue, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 145
REPLY to Response to Motion re #108 MOTION for Summary Judgment filed by Bill Blue, Benjamin Hunter, Ray Parker. (McNeill, James)
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Filing 144
MOTION to Strike Affidavit of Richard M. Sobel, M.D. (Doc. #128 -37) by Advanced E.M.S., Inc. (Harlow, Anthony) Modified on 5/2/2017 to create link to Doc. #28 . (dmn, )
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Filing 143
MOTION to Strike the Affidavit of James R. Lauridson, M.D. (Doc. #128 -16) by Advanced E.M.S., Inc. (Harlow, Anthony) Modified on 5/2/2017 to create link to Doc. #128 . (dmn, )
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Filing 142
MOTION to Strike the Affidavit of Medic Pete Gonzalezv (Doc. #128 -38) by Advanced E.M.S., Inc. (Harlow, Anthony) Modified on 5/2/2017 to create link to Doc. #128 . (dmn, )
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Filing 141
MOTION to Strike the Supplemental Expert Witness Disclosures of Peter Gonzalez by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 140
REPLY BRIEF re #114 MOTION to Strike /Motion to Exclude the Testimony of Richard Sobel, MD, MPH filed by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 139
REPLY BRIEF re #116 MOTION to Strike Exclude or Limit the testimony of James R. Lauridson, M.D. filed by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 138
REPLY BRIEF re #115 MOTION to Strike /Motion to Exclude the Testimony of Peter Gonzalez filed by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 137
REPLY BRIEF re #112 MOTION for Summary Judgment and Incorporated Memorandum of Law in Support Thereof filed by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 136
TEXT ORDER: The Pretrial Conference in this matter is set for 9/12/2017 before Honorable Judge Keith Starrett, with the time of the conference to be determined at a later date. The Jury Trial of this matter is set for the term of Court which begins 10/2/2017 before Honorable Judge Keith Starrett, with a date certain during the term to be determined at the Pretrial Conference. Signed by Honorable Judge Keith Starrett on 4/27/2017. Copies furnished to calendar group, AR.(dmn, ) (NO PDF)
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Minute Entry for proceedings held before Honorable Judge Keith Starrett: Telephone Conference held on 4/27/2017 (NO PDF document attached to this notice). (djy, )
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Filing 135
Case reassigned to Honorable Judge Keith Starrett. Chief Judge William Keith Watkins no longer assigned to the case as presiding judge. (Attachments: #1 Designation and Assignment for Judge Starrett) (dmn, )
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Filing 134
TEXT ORDER granting #129 Motion to Amend/Correct #123 Brief/Memorandum in Opposition. Signed by Chief Judge William Keith Watkins on 4/13/2017. (dmn, )(NO PDF)
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Filing 133
TEXT ORDER granting #131 Unopposed Joint MOTION for Extension of Time to File Reply to Plaintiff's Responses (Docs. #122 , #123 , #124 , #125 , #126 , #127 , #128 , #130 ) to Defendants' Dispositive Motions and Daubert Motions, to and including 5/1/2017. Signed by Chief Judge William Keith Watkins on 4/13/2017. (dmn, )(NO PDF)
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Filing 131
Unopposed Joint MOTION for Extension of Time to File Reply to Plaintiff's Responses (Docs. #122 , #123 , #124 , #125 , #126 , #127 , #128 , #130 ) to Defendants' Dispositive Motions and Daubert Motions, by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (McNeill, James) Modified on 4/13/2017 clean up text. (dmn, )
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Filing 132
NOTICE OF CONVENTIONAL FILING (3 CD/DISCS, VIDEOS, EXHIBITS 10, 11, 12) by Bonny Edward Taylor re #128 Evidentiary Submission. (Attachments: #1 Exhibits 10, 11, 12 (VIDEOS) to #128 Evidentiary Submission (3 CD/DISCS placed in separate brown envelope in file with Doc. #132 ))(dmn, )
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Filing 130
SUPPLEMENT/CORRECTED Evidentiary Submission re #128 Evidentiary Submission, filed by Bonny Edward Taylor. (Attachments: #1 Exhibit 45- Jennifer Levy deposition pages, #2 Exhibit 47- Ron McAndrew CV, #3 Exhibit 51- Article "Evolution in the Management of Hepatic Trauma...")(Crow, Michael) Modified on 4/13/2017 to reflect actual title and create additional links. (dmn, )
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Filing 129
MOTION to Amend/Correct #123 BRIEF/MEMORANDUM in Opposition by Bonny Edward Taylor. (Crow, Michael)
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Filing 128
Evidentiary Submission re #125 Response to Motion, #126 Response to Motion, #124 Response to Motion, #127 Response to Motion, #123 BRIEF/MEMORANDUM in Opposition, #122 BRIEF/MEMORANDUM in Opposition filed by Bonny Edward Taylor. (Attachments: #1 Exhibit 1- Deputy Kyle Adams statement, #2 Exhibit 2- Kyle Adams deposition, #3 Exhibit 5- Bill Blue deposition, #4 Exhibit 6- Ben Hunter deposition, #5 Exhibit 7- Roy Parker deposition, #6 Exhibit 8- booking medical log, #7 Exhibit 9- booking observation log, (EXHIBITS 10, 11, 12, VIDEOS (3 CD/DISCS) FILED CONVENTIONALLY PLACED IN SEPARATE BROWN ENVELOPE ATTACHED TO DOC. #132 IN FILE IN CLERK'S OFFICE]); #8 Exhibit 13-Henry Hughes deposition, #9 Exhibit 14- Covington County Jail Policy and Procedures, #10 Exhibit 15-Jennifer Reeves depo, #11 Exhibit 16- Michael Scott depo, #12 Exhibit 17-Ethan Walker depo, #13 Exhibit 18- Christopher Garner declaration, #14 Exhibit 19- Dr. James Lauridsons Expert Report, #15 Exhibit 20-Dr. James Lauridsons deposition, #16 Exhibit 21- Dr. James Lauridsons Affidavit, #17 Exhibit 22-Ron McAndrews Expert Report, #18 Exhibit 23- Ron McAndrews deposition, #19 Exhibit 24- Expert Report of Stacey Hail, #20 Exhibit 25-Jail diagram, #21 Exhibit 28- D. Holcombe depo, #22 Exhibit 29- Google Map Exhibit, #23 Exhibit 30- C. Thompson depo, #24 Exhibit 31- C. Neese depo, #25 Exhibit 32- Photograph taken by Charles Neese on 11/16/13, #26 Exhibit 33- Alabama Uniform Traffic Crash Report, #27 Exhibit 34- Trooper Amis depo, #28 Exhibit 35- P. Gonzalez depo, #29 Exhibit 36- Bradys Paramedic Emergency Care, Second Edition pg. 168, 170, 171, 172, 173, 174, 175, #30 Exhibit 37- Bradys The Essentials of Paramedic Care, Second Edition pg. 774, 1060, 1063, 1069, 1070, 1071, 1073, 1074, 1075, #31 Exhibit 38- Alabama EMS Patient Care Protocols, Seventh Edition pgs. 22, 25 also Protocol Vital 3.01, #32 Exhibit 39- Dr. Richard Sobel Expert Report, #33 Exhibit 40- Dr. Richard Sobel deposition, #34 Exhibit 41- Patient Care Report 11/16/13, #35 Exhibit 42- Brooke Beam depo, #36 Exhibit 43- Reba Reese depo, #37 Exhibit 44-Dr. Richard Sobel Affidavit, #38 Exhibit 46- Pete Gonzalez Affidavit, #39 Exhibit 48- Ronald McAndrew Affidavit, #40 Exhibit 49- Defendant Hughes, Hunter, Parker and Bljues Expert Disclosures, #41 Exhibit 50- Dr. Lauridsons CV)(Crow, Michael) Modified on 4/13/2017 to include text re Exhibits 10, 11, 12 and their location; filed conventionally; and to create link to Doc. #132 . (dmn, )
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Filing 127
RESPONSE to Defendant Advanced E.M.S.' #116 Motion to Strike James R. Lauridson, M.D. Exclude or Limit the testimony of James R. Lauridson, M.D. filed by Bonny Edward Taylor. (Crow, Michael) Modified on 4/13/2017 to reflect actual title. (dmn, )
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Filing 126
RESPONSE to Defendant Advanced E.M.S.' #114 MOTION to Strike Richard Sobel /Motion to Exclude the Testimony of Richard Sobel, MD, MPH filed by Bonny Edward Taylor. (Crow, Michael) Modified on 4/13/2017 to reflect actual title. (dmn, )
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Filing 125
RESPONSE to Defendant Henry P. Hughes, Benjamin Hunger, Roy Parker, and Bill Blue's #111 Motion to Strike Ron McAndrew Expert Opinion Testimony filed by Bonny Edward Taylor. (Crow, Michael) Modified on 4/13/2017 to reflect actual title. (dmn, )
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Filing 124
RESPONSE to Defendant Advanced E.M.S.' #115 Motion to Strike Pete Gonzalez /Motion to Exclude the Testimony of Peter Gonzalez filed by Bonny Edward Taylor. (Crow, Michael) Modified on 4/13/2017 to reflect actual title. (dmn, )
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Filing 123
BRIEF/MEMORANDUM in Response to Defendant Henry P. Hughes, Benjamin Hunger, Roy Parker, and Bill Blue's #108 MOTION for Summary Judgment filed by Bonny Edward Taylor. (Crow, Michael) Modified on 4/13/2017 to reflect actual title. (dmn, )
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Filing 122
BRIEF/MEMORANDUM in Response to Defendant Advanced E.M.S.' #112 MOTION for Summary Judgment filed by Bonny Edward Taylor. (Crow, Michael) Modified on 4/13/2017 to reflect actual title. (dmn, )
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Filing 121
TEXT ORDER: It is ORDERED that the #120 Second Motion for Extension of Time is granted to and including 4/10/2017. Signed by Chief Judge William Keith Watkins on 3/20/2017. (dmn, ) (NO PDF)
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Filing 120
Second MOTION for Extension of Time to File Response/Reply as to 119 Order on Motion for Extension of Time to File Response/Reply by Bonny Edward Taylor. (Crow, Michael)
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Filing 119
TEXT ORDER granting Plaintiff's #118 Unopposed Motion for Extension of Time to Respond to Defendants' Dispositive and Daubert Motions. Signed by Chief Judge William Keith Watkins on 3/13/2017. (dmn, ) (NO PDF)
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Filing 118
MOTION for Extension of Time to Respond to Defendants' Dispositive and Daubert Motions re #103 Order, by Bonny Edward Taylor. (Crow, Michael) Modified on 3/13/2017 to clean up text. (dmn, )
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Filing 117
NOTICE OF FILING Exhibit SS and Exhibit TT (CD containing videos filed conventionally) to #110 Evidentiary Submission, by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit SS, Video of Almus Taylor & Exhibit TT, Video of conversation to Doc. #110 (CD filed conventionally and placed in file with this document in a small envelope))(dmn, )
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BRIEF/MEMORANDUM in Support of #112 MOTION for Summary Judgment filed by Advanced E.M.S., Inc. (dmn, )(NO PDF, see Doc. #112 for pdf.)
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Filing 116
MOTION to Strike Exclude or Limit the testimony of James R. Lauridson, M.D. by Advanced E.M.S., Inc.. (Coulter, Benjamin)
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Filing 115
MOTION to Strike /Motion to Exclude the Testimony of Peter Gonzalez by Advanced E.M.S., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harlow, Anthony)
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Filing 114
MOTION to Strike /Motion to Exclude the Testimony of Richard Sobel, MD, MPH by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 113
Evidentiary Submission re #112 MOTION for Summary Judgment and Incorporated Memorandum of Law in Support Thereof filed by Advanced E.M.S., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Harlow, Anthony)
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Filing 112
MOTION for Summary Judgment and Incorporated Memorandum of Law in Support Thereof by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 111
MOTION to Strike Expert Opinion Testimony by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McNeill, James)
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Filing 110
Evidentiary Submission re #109 BRIEF/MEMORANDUM in Support, #108 MOTION for Summary Judgment filed by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS (CD-VIDEO) #46 Exhibit TT (CD-VIDEO))(McNeill, James) Modified on 2/10/2020 to include CD containing VIDEOS filed conventionally, see Doc. #117 , placed in small envelope in file in Clerk's office. (dmn, )
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Filing 109
BRIEF/MEMORANDUM in Support re #108 MOTION for Summary Judgment filed by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 108
MOTION for Summary Judgment by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 107
AMENDED ANSWER to Plaintiff's Third Amended Complaint (Doc. #56 ) by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker.(McNeill, James) Modified on 3/6/2017 to create actual link to Doc. #56 . (dmn, )
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Filing 106
TEXT ORDER granting #105 Motion for Leave to File Amended Answer to Plaintiff's #56 Third Amended Complaint. Signed by Chief Judge William Keith Watkins on 3/6/2017. (dmn, )(NO PDF)
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Filing 105
MOTION for Leave to File Amended Answer to Plaintiff's #56 Third Amended Complaint by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (Attachments: #1 Exhibit A)(McNeill, James) Modified on 3/6/2017 to create link to Doc. #56 . (dmn, )
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Notice of Mediation and Settlement Conference by Bonny Edward Taylor. (dmn, ) (see Doc. #104 for pdf; wrong event code selected when originally filed)g
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Filing 104
NOTICE by Bonny Edward Taylor re #89 Scheduling Order,, Notice Concerning Settlement Conference and Mediation (Crow, Michael)
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Filing 103
ORDER that the #102 Joint Motion to Partially Amend Scheduling Order is GRANTED as follows: (1) The deadlines for filing dispositive motions and Daubert motions, as established by 2 of the governing #89 scheduling order, is EXTENDED to and including 3/6/2017; and (2) The deadline for completing discovery, a established by 7 of the governing #89 scheduling order, is EXTENDED to and including 3/1/2017. All other deadlines in the #89 scheduling order remain in full force and effect. Signed by Chief Judge William Keith Watkins on 1/27/2017. (dmn, )
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Filing 102
Joint MOTION to Partially Amend #89 Scheduling Order, by Advanced E.M.S., Inc., Bonny Edward Taylor, Henry P. Hughes, Benjamin Hunter, Roy Parker, Bill Blue. (Harlow, Anthony) Modified on 1/23/2017 to include additional filers. (dmn, )
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Filing 101
ORDER that Plaintiff's #100 Motion to Alter or Amend #99 Order Dated December 13, 2016" is DENIED as further set out in the order. Signed by Honorable Judge Wallace Capel, Jr on 12/16/2016. (dmn, )
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Filing 100
MOTION to Alter or Amend #99 Order on Motion to Compel by Bonny Edward Taylor. (Crow, Michael) Modified on 12/22/2016 to reflect actual title. (dmn, )
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Filing 99
ORDER that Plaintiff's #93 Motion to Compel Attendance to Deposition is DENIED as further set out in the order. Signed by Honorable Judge Wallace Capel, Jr on 12/13/2016. (dmn, )
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Filing 98
Minute Entry for proceedings held before Honorable Judge Wallace Capel, Jr: Motion Hearing held on 12/13/2016 re #93 MOTION to Compel Attendance to Deposition filed by Bonny Edward Taylor (PDF available for court use only). (Recording Time 1:13 - 1:14.) (kcf, )
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Filing 97
Return receipt card showing service of #96 Order, #94 Order, and #93 Motion signed by Larry Ellisor served 12/5/2016. (dmn, )
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Filing 96
ORDER that a hearing (Contempt) in this matter is set for 12/13/2016 at 1:00 PM in 5A in Montgomery, AL before Honorable Judge Wallace Capel, Jr. Mr. Ellisor shall appear in-person at this hearing and shall be prepared to address why he should not be found in contempt of court. The Clerk of Court shall serve this Order, along with a copy of Plaintiffs #93 Motion and the Courts previous #94 Order, on Mr. Ellisor at the address at which the Courts previous Order was served on Mr. Ellisor. Signed by Honorable Judge Wallace Capel, Jr on 12/2/2016. Copy mailed regular mail and CMRRR to Mr. Ellisor as directed. Copies furnished to calendar group, KF. (dmn, )
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Filing 95
Return receipt card showing service of #94 Order to Show Cause and #93 Motion to Compel Attendance to Deposition signed by Larry Ellisor for Larry Ellisor served 11/7/2016. (dmn, )
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Filing 94
ORDER directing the non-party witness, Larry Ellisor, TO SHOW CAUSE as to why he should not be held in contempt of court pursuant to FRCP 45(g). The Clerk of Court shall serve this Order, along with a copy of Plaintiff's #93 Motion seeking relief pursuant to FRCP 45(g) on Mr. Ellisor at the address provided by Plaintiff on the Certificate of Service. Show Cause Response due by 11/23/2016. Signed by Honorable Judge Wallace Capel, Jr on 11/4/2016. Copy with #93 Motion mailed CMRRR to Larry Ellisor as directed. (dmn, )
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Filing 93
MOTION to Compel Attendance to Deposition by Bonny Edward Taylor. (Attachments: #1 Exhibit A- 2nd ReNotice of Deposition of Larry Ellisor, #2 Exhibit B- Subpoena To Attend Deposition, #3 Exhibit C- Proof of Service of Larry Ellisor, #4 Exhibit D- Copy of check for deposition attendance, #5 Exhibit E- Affidavit of Ricky Moore)(Crow, Michael)
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Filing 92
ORDER that Plaintiff's #90 "Motion to Compel Attendance to Deposition" is DENIED without prejudice as further set out in the order. Signed by Honorable Judge Wallace Capel, Jr on 10/6/2016. (dmn, )
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Filing 91
ORDER re Plaintiff's #90 MOTION to Compel Attendance to Deposition. It is ORDERED that, on or before 9/27/2016, Plaintiff shall file supplementallegal and factual authority supporting any contention that the subpoenas issued to the non-party witnesses are valid and enforceable. In particular, Plaintiff shall address each of the points raised in this Order in its supplemental authority. If Plaintiff fails to timely and satisfactorily address the concerns raised in this Order, the undersigned will deny Plaintiffs motion without prejudice. Signed by Honorable Judge Wallace Capel, Jr on 9/20/2016. (dmn, )
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Filing 90
MOTION to Compel Attendance to Deposition by Bonny Edward Taylor. (Attachments: #1 Exhibit Deposition Notice, Subpoena, and Correspondence to Ethan Walker, #2 Exhibit Deposition Notice, Subpoena, and Correspondence to Larry Ellisor, #3 Exhibit Deposition Notice, Subpoena, and Return on Service to Ethan Walker, #4 Exhibit Deposition Notice, Subpoena, and Return on Service to Larry Ellisor, #5 Exhibit Affidavit of Ricky Moore)(Crow, Michael)
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Filing 89
AMENDED SCHEDULING ORDER: setting on-the-record Pretrial Conference set for 8/3/2017 before Chief Judge William Keith Watkins, in Montgomery, AL; Jury Trial set for 9/18/2017 before Chief Judge William Keith Watkins, in Montgomery, AL; Amended Pleadings due by 1/26/2016; Discovery due by 2/1/2017; dispositive and daubert Motions due by 2/6/2017; Mediation Notice due by 2/6/2017, as further set out in order. Signed by Chief Judge William Keith Watkins on 8/26/16. Furnished to calendar group & AR.(djy, )
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Filing 88
ORDER granting #87 Joint Motion to partially Amend scheduling order to the limited extent set out in the Amended Uniform Scheduling Order, as further set out. Signed by Chief Judge William Keith Watkins on 8/26/16. (djy, )
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Filing 87
Joint MOTION to Partially Amend #66 Scheduling Order, by Advanced E.M.S., Inc., Bonny Edward Taylor, Henry P. Hughes, Benjamin Hunter, Roy Parker, Bill Blue. (Coulter, Benjamin) Modified on 8/19/2016 to clean up text and include additional filers. (dmn, )
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***Attorney Joshua Alan Willis added for Bill Blue, Henry P. Hughes, Benjamin Hunter, and Roy Parker. (dmn, ) (see Doc. #87 for pdf)
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Filing 86
Return receipt card showing service of #75 Order to Show Cause signed by Jose Hernandez for Daniel Farris Beasley for Southern Health Partners, served 7/11/2016. (dmn, )
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Filing 85
ORDER denying plf's #74 Motion to Compel Southern Health Partners, a Non-Party, to Respond to a Subpoena, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 7/7/16. (djy, )
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Filing 84
ORDER denying plf's #79 Motion to Compel Plf's Fourth Request for Production of Documents to Defendant Advanced E.M.S., Inc., as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 7/7/16. (djy, )
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Filing 83
RESPONSE to Motion re #79 MOTION to Compel Defendant Advanced E.M.S. filed by Advanced E.M.S., Inc.. (Coulter, Benjamin)
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Filing 82
SUPPLEMENTAL RESPONSE to Court's #81 Order dated 6/15/2016 filed by Southern Health Partners, Bonny Edward Taylor. (Crow, Michael) Modified on 6/22/2016 to reflect actual title; wrong event code selected when filed. (dmn, )
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Filing 81
ORDER: Before the court is Plaintiff's #74 Motion to Compel and SHP #78 Response. It is ORDERED that, on or before 6/29/2016, the parties are to file supplemental briefs explaining, with citations to appropriate authorities, why this court may enforce the subpoenas at issue in this matter as further set out in the order. If the parties are in agreement that Rules 37 and 45 do not render the subpoena unenforceable as to SHP, then the parties may file a joint brief. Signed by Honorable Judge Wallace Capel, Jr. on 6/15/2016. (dmn, )
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Filing 80
ORDER directing Defendant Advanced E.M.S., Inc. TO SHOW CAUSE as to why the #79 Motion to Compel, filed by Bonny Edward Taylor should not be granted. Show Cause Response due by 6/27/2016. Signed by Honorable Judge Wallace Capel, Jr on 6/6/2016. (dmn, )
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Filing 79
MOTION to Compel Defendant Advanced E.M.S. by Bonny Edward Taylor. (Attachments: #1 Exhibit A- Patient Care Report, #2 Exhibit B- Counsel emails, #3 Exhibit C- Plaintiff's 4th Request for Production to Advanced E.M.S., #4 Exhibit D- Defendant Advanced E.M.S. objections)(Crow, Michael)
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RESPONSE TO #75 ORDER TO SHOW CAUSE by Southern Health Partners. (dmn, ) (NO PDF, see Doc. #78 for pdf.)
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Filing 78
RESPONSE in Opposition to Plaintiff's #74 Motion to Compel and #75 Order to Show Cause filed by Southern Health Partners. (Attachments: #1 Exhibit A - Affidavit of Janet Stephens)(Bailey, Robert) Modified on 5/27/2016 to create link to Doc. #75 . (dmn, )
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Filing 77
ORDER that the #74 Joint Motion for Extension for Non-Party to Respond is GRANTED. Non-Party Southern Health Partners shall file its response to the Court's #75 Order to Show Cause on or before 5/26/2016. Signed by Honorable Judge Wallace Capel, Jr. on 5/19/2016. (dmn, )
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***Attorney Robert Newell Bailey, II added for Southern Health Partners. (dmn, ) (see Doc. #76 )
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Filing 76
MOTION for Extension of Time to File Response/Reply as to #75 Order to Show Cause, #74 MOTION to Compel by Southern Health Partners. (Beasley, Daniel)
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Filing 75
ORDER TO SHOW CAUSE directing that on or before 5/19/2016, the commanded party shall file a written response and Show Cause, if any there be, as to why #74 Motion to Compel should not be granted, as further set out in order; directing the clerk to serve this order on counsel representing the commanded party, as provided in the Certificate of Service attached to the motion. Signed by Honorable Judge Wallace Capel, Jr on 5/10/16. (djy, )
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Filing 74
MOTION to Compel by Bonny Edward Taylor. (Attachments: #1 Exhibit Subpoena issued to Southern Health Partners, #2 Exhibit Email to Daniel Beasley, #3 Exhibit Email with Southern Health Partners responses and objections, #4 Exhibit Table of Contents of Southern Health Partners Policy and Procedure Manual, #5 Exhibit Email Confirming Southern Health Partners objection to "incident report")(Crow, Michael)
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Filing 73
ORDER that Plaintiff's #72 Motion to Compel Southern Health Partners, a Non-Party[,] to Respond to a Subpoena is DENIED without prejudice as further set out in the order. Signed by Honorable Judge Wallace Capel, Jr. on 4/21/2016. (dmn, )
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Filing 72
MOTION to Compel Non-Party Southern Health Partners to Respond to Subpoena by Bonny Edward Taylor. (Attachments: #1 Exhibit Subpoena to Non-Party Southern Health Partners, #2 Exhibit Email to Daniel Beasley re response to subpoena, #3 Exhibit Email from Southern Health Partners' responses and objections, #4 Exhibit Southern Health Partners Table of Contents to Policy and Procedure Manual, #5 Exhibit Email date 3/29/16 from Southern Health Partners confirming their objection)(Crow, Michael)
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Filing 71
Amended ANSWER to Complaint Three by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker.(McNeill, James)
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Filing 70
ORDER that the parties' #68 Joint Motion to Extend Deadlines Set Out in #66 Uniform Scheduling Order, it is ORDERED that the motion is GRANTED. Accordingly, the deadline for joining additional parties and amending the pleadings set out in Section 4 of the Uniform Scheduling Order is EXTENDED from 1/26/2016, to and including 3/15/2016. Signed by Chief Judge William Keith Watkins on 2/25/2016. (dmn, )
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Filing 69
QUALIFIED HIPAA PROTECTIVE ORDER granting #67 Unopposed MOTION for Entry of a Qualified HIPAA Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 2/24/2016. (wcl, )
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Filing 68
Joint MOTION for Extension of Deadline re #66 Scheduling Order, by Advanced E.M.S., Inc., Henry P. Hughes, Benjamin Hunter, Roy Parker, Bill Blue, Bonny Edward Taylor. (McNeill, James) Modified on 2/24/2016 to add as also filed on behalf of Dft Blue and Plf Taylor (wcl, ).
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Filing 67
MOTION for Protective Order (HIPAA Order) - Unopposed by Advanced E.M.S., Inc.. (Attachments: #1 Text of Proposed Order)(Coulter, Benjamin)
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Filing 66
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 8/3/2017 before Chief Judge William Keith Watkins; Jury Trial set for 9/18/2017 before Chief Judge William Keith Watkins; Dispositive Motions due by 12/6/2016; Mediation Notice due by 12/6/2016; Amended Pleadings due by 1/26/2016; Discovery due by 12/1/2016, as further set out in order. Signed by Chief Judge William Keith Watkins on 11/17/2015. (furn: calendar, ar) (wcl, )
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Filing 65
REPORT of Rule 26(f) Planning Meeting. (Harlow, Anthony)
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Filing 64
RULE 26(f) ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 11/12/2015. Signed by Chief Judge William Keith Watkins on 10/21/2015. (wcl, )
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Filing 63
ORDERED that the Individual Dfts' #60 motion to dismiss is DENIED on Count II and GRANTED on Count IV; further ORDERED that Advanced E.M.S., Inc.'s #58 Motion to Dismiss Count IV of the Third Amended Complaint is GRANTED; Count IV is DISMISSED with prejudice as to all Dfts. Signed by Chief Judge William Keith Watkins on 10/21/2015. (Attachments: #1 Civil Appeals Checklist) (wcl, )
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Filing 62
TEXT ORDER granting #24 Motion to Quash. Signed by Chief Judge William Keith Watkins on 5/27/2015. (no pdf document attached to the entry)(kh, )
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Filing 61
RESPONSE in Opposition re #58 MOTION to Dismiss Count IV of the Third Amended Complaint, #60 MOTION to Dismiss filed by Bonny Edward Taylor. (Crow, Michael)
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Filing 60
MOTION to Dismiss by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 59
ANSWER to #56 Amended Complaint, by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker.(McNeill, James)
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Filing 58
MOTION to Dismiss Count IV of the Third Amended Complaint by Advanced E.M.S., Inc.. (Coulter, Benjamin)
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Filing 57
ANSWER to #56 Amended Complaint, by Advanced E.M.S., Inc..(Coulter, Benjamin)
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***Attorney Edward L. Hardin, Jr for Advanced E.M.S., Inc. added pursuant to the #57 answer. (kh, )
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Filing 56
THIRD AMENDED COMPLAINT with JURY DEMAND against Advanced E.M.S., Inc., Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker, filed by Bonny Edward Taylor.(Crow, Michael) Modified on 4/22/2015 to clarify the docket text to reflect third amended complaint (kh, ).
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Filing 55
ORDERED that: (1) Plaintiff's #47 Motion for Leave to File Third Amended Complaint is GRANTED. Plaintiff shall file electronically her third amended complaint in accordance with Rule 15.1 of the Middle District of Alabama's Civil Administrative Procedure. (2) Defendants previously filed Motions to Dismiss (Docs. #33 , #38 , #40 , #48 ) are DENIED as moot based upon the subsequent filing of Plaintiffs Third Amended Complaint. (3) Defendants are DIRECTED to file an answer or other response to the Third Amended Complaint within the time frame set out by Federal Rule of Civil Procedure 15(a)(3). Signed by Chief Judge William Keith Watkins on 4/22/2015. (kh, )
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Filing 54
RESPONSE to Motion re #47 MOTION to Amend/Correct Complaint filed by Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker. (McNeill, James)
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Filing 53
NOTICE of Appearance by Anthony Cameron Harlow on behalf of Advanced E.M.S., Inc. (Harlow, Anthony)
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Filing 52
Response to Order re #49 Order to Show Cause, Why Motion to Grant Leave for Third Amended Complaint Should not be Granted by Advanced E.M.S., Inc.. (Harlow, Anthony)
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Filing 51
BRIEF/MEMORANDUM in Opposition re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bonny Edward Taylor. (Attachments: #1 Exhibit Third Amended Complaint)(Crow, Michael)
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Filing 50
BRIEF/MEMORANDUM in Opposition re #33 MOTION to Dismiss , #34 BRIEF/MEMORANDUM in Support, #39 BRIEF/MEMORANDUM in Support, #48 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT, #38 MOTION to Dismiss filed by Bonny Edward Taylor. (Attachments: #1 Exhibit Third Amended Complaint, #2 Exhibit March 1, 2011 Senate House Bill No. 90)(Crow, Michael)
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Filing 49
ORDERED that Defendants are DIRECTED to show cause in writing on or before April 17, 2015, as to the why the #47 Motion for Leave to File Third Amended Complaint should not be granted. Signed by Chief Judge William Keith Watkins on 4/10/2015. (kh, )
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Filing 48
MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT by Roy Parker. (McNeill, James)
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Filing 47
MOTION to Amend/Correct Complaint by Bonny Edward Taylor. (Attachments: #1 Exhibit A)(Crow, Michael)
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Filing 46
ALIAS SUMMONS Returned Executed Roy Parker served on 4/1/2015, answer due 4/22/2015. (kh, )
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Filing 45
Alias Summons issued as to Roy Parker and returned to counsel for personal service by process server. (kh, )
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Filing 43
TEXT ORDER granting #42 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge William Keith Watkins on 3/31/2015. (no pdf document attached to this entry)(kh, )
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Filing 44
Summons Returned Unexecuted as to Roy Parker with the following notation, "Return To Sender", "Unclaimed", "Unable To Forward", "Return to Sender". Counsel is notified of service unexecuted via this notice and by telephone.. (kh, )
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Filing 42
MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss , #38 MOTION to Dismiss Unopposed by Bonny Edward Taylor. (Crow, Michael)
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Filing 41
Corporate/Conflict Disclosure Statement by Advanced E.M.S., Inc.. (Coulter, Benjamin)
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Filing 40
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Advanced E.M.S., Inc.. (Coulter, Benjamin)
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Filing 39
BRIEF/MEMORANDUM in Support re #38 MOTION to Dismiss filed by Benjamin Hunter. (McNeill, James)
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Filing 38
MOTION to Dismiss by Benjamin Hunter. (McNeill, James)
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Summons Returned Unexecuted as to Roy Parker (521 Auburn Avenue, Andalusia, AL); with the following notation, "Forward Time Exp, Rtn to Sender". (kh, ) Modified on 3/25/2015 to correct the docket text to clarify the event type should be filed as Summons Returned Unexecuted and not filed as Mail Returned (kh, ).
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Filing 37
TEXT ORDER granting #36 Motion for Extension of Time to File Response to Second Amended Complaint to and including March 27, 2015. Signed by Chief Judge William Keith Watkins on 3/18/2015. (no pdf document attached to this entry)(kh, ) Modified on 3/18/2015 correct docket text (kh, ).
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Filing 36
MOTION for Extension of Time to File Response to Second Amended Complaint by Advanced E.M.S., Inc.. (Coulter, Benjamin)
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Filing 35
GENERAL BRIEFING ORDER setting out other briefing deadlines, as further set out in order. Signed by Chief Judge William Keith Watkins on 3/16/2015. (wcl, )
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Filing 34
BRIEF/MEMORANDUM in Support re #33 MOTION to Dismiss filed by Bill Blue, Henry P. Hughes. (McNeill, James)
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Filing 33
MOTION to Dismiss by Bill Blue, Henry P. Hughes. (McNeill, James)
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Filing 32
SUMMONS Returned Executed: Henry P. Hughes served on 12/1/2014. (wcl, )
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Filing 31
Return Receipt Card showing service of #27 Alias Summons and #26 Second Amended Complaint signed by Lila Hunter for Benjamin Hunter, 1004 Stanley Avenue, Andalusia, AL, 36420, served on 3/6/2015. (wcl, )
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Filing 30
Return Receipt Card showing service of #27 Alias Summons and #26 Second Amended Complaint signed by Sherry Hunter for Benjamin Hunter, at 3968 Roberts Road, Kershaw, SC 29067, served on 3/6/2015, answer due 3/27/2015. (wcl, )
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Filing 29
ORDERED that Plf Bonny Edward Taylor is DIRECTED to show cause in writing on or before 3/24/2015, as to the why the #24 Motion to Quash Service of Process should not be granted. Signed by Chief Judge William Keith Watkins on 3/4/2015. (wcl, )
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Filing 28
Summons Issued as to Roy Parker; mailed CMRRR with copy of #26 Second Amended Complaint. (wcl, )
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Filing 27
Alias Summons issued as to Benjamin Hunter; mailed CMRRR with copy of #26 Second Amended Complaint. (wcl, )
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Filing 26
SECOND AMENDED COMPLAINT with Jury Demand against Advanced E.M.S., Inc., Bill Blue, Henry P. Hughes, Benjamin Hunter, Roy Parker, filed by Bonny Edward Taylor.(Crow, Michael)
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Filing 25
ORDER granting #23 MOTION for Leave to File Second Amended Complaint; On or before 3/6/2015, Plf shall file her second amended complaint in compliance with the Middle District of Alabama's Local Rule 15.1, as further set out in order. Signed by Chief Judge William Keith Watkins on 2/27/2015. (wcl, )
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Filing 24
MOTION to Quash Service of Defendants by Benjamin Hunter, Roy Parker. (McNeill, James) Modified on 2/27/2015 to select the correct filer Roy Parker (wcl, ).
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Motions No Longer Referred to Magistrate Judge: #24 MOTION to Quash Service of Defendants. (No pdf attached to this entry) (wcl, )
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Filing 23
MOTION for Leave to File Second Amended Complaint by Bonny Edward Taylor. (Attachments: #1 Exhibit A)(Crow, Michael)
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Filing 22
Return Receipt Card showing service of Summons and #19 Amended Complaint signed by Chelsea McDuffie for: Benjamin Hunter served on 2/23/2015, answer due 3/16/2015; Ray Parker served on 2/23/2015, answer due 3/16/2015. (wcl, )
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Filing 21
Return Receipt Card showing service of Summons and #19 Amended Complaint, signed by (illegible) for Advanced E.M.S., Inc. served on 2/21/2015, answer due 3/16/2015. (kh, )
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Filing 20
Summons Issued as to Advanced E.M.S., Inc., Benjamin Hunter, Ray Parker; mailed CMRRR with a copy of #19 amended complaint. (kh, )
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Filing 19
AMENDED COMPLAINT against Bill Blue, Henry P. Hughes, Benjamin Hunter, Ray Parker, Advanced E.M.S., Inc., filed by Bonny Edward Taylor.(Crow, Michael)
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Filing 18
ORDER granting #17 Motion for Extension of Time to File an Answer and that the time for Defendants to answer or otherwise respond to the complaint is EXTENDED to and including March 6, 2015. Signed by Chief Judge William Keith Watkins on 2/17/2015. (kh, )
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Filing 17
MOTION for Extension of Time to File response to complaint (Unopposed) by Bill Blue, Henry P. Hughes. (McNeill, James)
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Filing 16
ORDER granting #13 Motion for Extension of Time to Answer and that the time or Defendants to answer or otherwise respond to the complaint is EXTENDED to and including Friday, 2/13/2015. Signed by Chief Judge William Keith Watkins on 1/27/2015. (kh, ) Modified on 1/27/2015 to correct the docket text to reflect the correct year on the judge's sign date as 2015 and not 2014 (wcl, ).
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Filing 15
Corporate/Conflict Disclosure Statement by Henry P. Hughes. (McNeill, James)
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Filing 14
Corporate/Conflict Disclosure Statement by Bill Blue. (McNeill, James)
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Filing 13
MOTION for Extension of Time to File Answer re #1 Complaint, #4 Return Receipt Card, by Bill Blue, Henry P. Hughes. (McNeill, James)
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Filing 12
ORDER re #11 Motion for Dismissal of Dft Ed Norman, which comports with Rule 41(a)(1)(A)(i) FRCP and is construed as a Rule 41(a)(1)(A)(i) Notice, this action has been dismissed without prejudice by operation of Rule 41, as to Dft Ed Norman. Signed by Chief Judge William Keith Watkins on 1/23/2015. (Attachments: #1 Civil Appeals Checklist) (wcl, )
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NOTICE of Docket Text Correction re #9 Order, to correct a clerical error in docket text to reflect the dismissal of Dfts Williams and Brawner by operation of Rule 41. (no pdf document attached to this entry)(kh, )
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NOTICE of Voluntary Dismissal of Dft Ed Norman by Bonny Edward Taylor. (No pdf attached to this entry - See doc #11 for pdf) (wcl, )
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Filing 11
MOTION to Dismiss Defendant Ed Norman by Bonny Edward Taylor. (Crow, Michael) (Additional attachment(s) added on 1/22/2015: #1 Corrected Certificate of Service) (kh, ).
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Filing 10
Return Receipt Card showing service of #6 Alias Summons and Complaint signed by Deborah Norman for Ed Norman served on 1/15/2015, answer due 2/5/2015. (wcl, )
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Filing 9
ORDER that the #7 Motion for Dismissal Without Prejudice, which comports with Rule 41(a)(1)(A)(i) FRCP and is construed as a Rule 41(a)(1)(A)(i) Notice, this action has been dismissed without prejudice by operation of Rule 41, as to Dfts Diane Williams and Jean Brawner; ORDERED that the #8 Motion for Default Judgment is DENIED without prejudice to the right of Plaintiff to refile the motion after she has complied with Rule 55(a). Signed by Chief Judge William Keith Watkins on 1/16/2015. (kh, ) Modified on 1/22/2015 to correct a clerical error in docket text to reflect the dismissal of Dfts Williams and Brawner by operation of Rule 41. (kh, ).
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NOTICE of Voluntary Dismissal of Diane Williams and Jean Brawner by Bonny Edward Taylor. (no pdf document attached to this entry - see doc #7 for pdf) (kh, )
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Filing 8
MOTION for Default Judgment as to Defendants Henry P. Hughes and Bill Blue by Bonny Edward Taylor. (Crow, Michael)
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Filing 7
MOTION to Dismiss Defendants Diane Williams and Jean Brawner by Bonny Edward Taylor. (Crow, Michael)
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Filing 6
Alias Summons issued as to Ed Norman; mailed CMRRR with copy of Complaint. (wcl, )
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Filing 5
Summons Returned Unexecuted as to Ed Norman with the following US postal service notation, "Returned to sender-not known, unable to forward-not here". Counsel for plaintiff advised via this notice that this defendant has not been served. (djy, )
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Filing 4
Return Receipt Card showing service of Summons and Complaint signed by Dianne Williams for: Bill Blue served on 11/21/2014, answer due 12/12/2014; Jean Brown served on 11/21/2014, answer due 12/12/2014; Henry P. Hughes served on 11/21/2014, answer due 12/12/2014; Ed Norman served on 11/21/2014, answer due 12/12/2014; Dianne Williams served on 11/21/2014, answer due 12/12/2014. (wcl, )
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Filing 3
Summons Issued as to Bill Blue, Jean Brown, Henry P. Hughes, Ed Norman, Dianne Williams; mailed CMRRR with copy of Complaint. (kh, )
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Filing 2
Corporate/Conflict Disclosure Statement by Plaintiff, Bonny Edward Taylor. (kh, )
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Filing 1
COMPLAINT against Bill Blue, Jean Brown, Henry P. Hughes, Ed Norman, Dianne Williams ( Filing fee $ 400.00 receipt number 4602034556.), filed by Bonny Edward Taylor. (Attachments: #1 Filing Fee Receipt)(kh, )
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DEMAND for Trial by Jury by Bonny Edward Taylor. (No pdf document attached to this entry - see docket entry #1 for pdf)(kh, )
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