Southern Independent Bank v. Fred's Inc.
| Southern Independent Bank |
| Fred's Inc. |
| 2:2015cv00799 |
| October 30, 2015 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Covington |
| Gray M Borden |
| William Keith Watkins |
| Other Statutory Actions |
| 28 U.S.C. § 1453 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 19, 2019. A more recent docket listing may be available from PACER.
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Filing 87
ORDER: Upon consideration of the parties Stipulation of Dismissal With Prejudice (Doc. #86 ), which comports with Rule 41(a)(1)(A)(ii) of the FRCP, this action has been dismissed with prejudice by operation of Rule 41, on the terms agreed to by the parties. The Clerk of the Court is DIRECTED to close this case. Signed by Honorable Judge William Keith Watkins on 6/19/2019. (dmn, )
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| Filing 86 STIPULATION of Dismissal with Prejudice pursuant to FRCP 41(a)(1)(A)(ii) by Southern Independent Bank, Fred's Inc. (Aughtman, Joseph) Modified on 6/18/2019 to include additional filer. (dmn, ) |
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Filing 85
ORDER: It is ORDERED: (1) The parties' joint motion to address class certification documents (Doc. #78 ) is GRANTED, as further set out in order; DIRECTING the Clerk of the Court to terminate Doc. #82 as a pending motion on the docket sheet; (2) Plaintiff's motion to withdraw its motion for leave to file a second class certification motion (Doc. #83 ) is GRANTED; Plaintiff's motion for leave to file a second class certification motion (Doc. #77 ) is considered withdrawn without prejudice; (3) Upon consideration of the parties' joint notice of settlement (Doc. #83 ), the parties shall file their joint stipulation of dismissal no later than 7/15/2019. Signed by Honorable Judge William Keith Watkins on 5/24/2019. (kr, )
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| MOTION for Class Certification by Southern Independent Bank. (dmn, ) (NO PDF, see Doc. #84 for pdf. Wrong event code selected when originally filed.) |
| BRIEF/MEMORANDUM in Support of #84 MOTION for Class Certification filed by Southern Independent Bank. (dmn, ) (NO PDF, see Doc. #84 for pdf.) |
| Filing 84 Evidentiary Submission re #81 BRIEF/MEMORANDUM in Opposition, Motion for Class Certification and Incorporated Memorandum of Law filed by Southern Independent Bank. (Attachments: #1 Trial Plan for Class Certification, #2 Plaintiff's Proposed Special Verdict Form Negligence, #3 Trial Plan for Class Certification, #4 50 State Survey, #5 Deposition Richard Gehrett, #6 Deposition Josh Siddon, #7 Exhibit 55, Kenneth Donahue Summary, #8 Deposition Kenneth L. Donahue, #9 Deposition Paul Daniels, #10 Exhibit 35, #11 Deposition Steven Arthur Inman, #12 Exhibit 2, Deposition Robin Pierce, #13 Talking Points, #14 Exhibit 16, #15 Exhibit IV, Declaration Kenneth J. Grunfeld, #16 Exhibit III, Declaration Southern Independent Bank, #17 Exhibit II, Fred's Data Breach Expert Report, #18 Exhibit I, Declaration Ian Ratner, #19 Exhibit C, Laird Baker Correspondence, #20 Exhibit B, Aughtman correspondence, #21 Exhibit A, Golomb & Honik PC correspondence, #22 Ed Snodgrass Resume, #23 Reply in further support of Motion for Class Certification 4/27/2018, #24 Exhibit 5, Case History, #25 Exhibit 4, Deposition Patrick Moran, #26 Exhibit 3, Deposition Tony Emrick, #27 Exhibit 2, State Negligence Law, #28 Exhibit 1, 50 State Economic Loss Doctrine Law)(Aughtman, Joseph) Modified on 5/22/2019 to include exhibit descriptions, clean up text. (dmn, ) (Additional attachment(s) added on 6/3/2019: #29 Correct Certificate of Service) (dmn, ). |
| Filing 83 JOINT NOTICE of Settlement by Southern Independent Bank, Fred's, Inc. and Notice of Withdrawal of #77 Motion for Leave to file Second Class Certification Motion. (Aughtman, Joseph) Modified on 5/16/2019 to create link, clean up text, and include additional filer. (dmn, ) |
| JOINT MOTION to Withdraw #77 Motion for Leave to File Second Motion for Class Certification by Fred's Inc., Southern Independent Bank. (dmn, ) (NO PDF, see Doc. #83 for pdf.) |
| Filing 82 MOTION to Exclude Defendant Tony Emrick's Testimony on issues related to SIB Conduct by Southern Independent Bank. (Attachments: #1 Declaration of John Adams)(Aughtman, Joseph) Modified on 5/16/2019 to clean up text and include attachment description. (dmn, ) |
| Filing 81 BRIEF/MEMORANDUM in Opposition (REDACTED) to Defendant's 48 Motion to Exclude Plaintiff's Expert Ian Ratner's Testimony on the Issues of Causation and Reasonableness of Damages filed by Southern Independent Bank. (Aughtman, Joseph) Modified on 5/16/2019 to create link, clean up text. (dmn, ) |
| Filing 80 RESPONSE in Opposition to Plaintiff's #77 Motion for Leave to File Second Motion for Class Certification filed by Fred's Inc. (Attachments: #1 Exhibit A- Lankford Docket, #2 Exhibit B-Lankford Denial, #3 Exhibit C-Boundas Docket)(Smith, Richard) Modified on 5/16/2019 to clean up text. (dmn, ) |
| Filing 79 Evidentiary Appendix (REDACTED DOCUMENTS) in Support of the #78 Joint Motion to Address Class Certification Documents Filed Under Seal filed by Fred's Inc., Southern Independent Bank. (Attachments: #1 Exhibit Doc. 44, #2 Exhibit Doc. 45, #3 Exhibit Doc. 45-1, #4 Exhibit Doc. 45-2, #5 Exhibit Doc. 45-3, #6 Exhibit Doc. 45-4, #7 Exhibit Doc. 45-5, #8 Exhibit Doc. 45-6, #9 Exhibit Doc. 45-7, #10 Exhibit Doc. 45-8, #11 Exhibit Doc. 45-9, #12 Exhibit Doc. 45-10, #13 Exhibit Doc. 45-11, #14 Exhibit Doc. 45.12, #15 Exhibit Doc. 45-13, #16 Exhibit Doc. 45-14, #17 Exhibit Doc. 45-15, #18 Exhibit Doc. 45-16, #19 Exhibit Doc. 45-17, #20 Exhibit Doc. 50, #21 Exhibit Doc. 51, #22 Exhibit Doc. 52, #23 Exhibit Doc. 53)(Smith, Richard) Modified on 5/16/2019 to create link,reflect redacted, and include additional filer. (dmn, ) |
| Filing 78 Joint MOTION To Address Class Certification Documents (Doc. Numbers #41 , 44 , 45 , 46 , 47 , 48 , #50 , 51 , 52 , 53 ) Filed Under Seal by Fred's Inc., Southern Independent Bank. (Smith, Richard) Modified on 5/16/2019 to create links and include additional filer. (dmn, ) |
| BRIEF/MEMORANDUM in Support OF #77 MOTION for Leave to File Second Motion for Class Certification filed by Southern Independent Bank. (dmn, ) (NO PDF, see Doc. #77 for pdf.) |
| Filing 77 MOTION with Supporting Memorandum for Leave to File Second Motion for Class Certification by Southern Independent Bank. (Attachments: #1 Proposed Order)(Aughtman, Joseph) Modified on 5/2/2019 to reflect actual title to include supporting memorandum text. (dmn, ) |
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Filing 76
ORDER that the parties' #74 Joint Motion for Extension of Time to File Redacted Version of the Class Certification Documents is GRANTED. The parties shall file the redacted versions of the class certification documents no later than 5/15/2019. Signed by Honorable Judge William Keith Watkins on 4/26/2019. (dmn, )
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| Filing 75 NOTICE of Correction re #74 Joint MOTION for Extension of Time, to attach a corrected PDF document to reflect the Referral Judge's initials in the case number as "GMB" and not "TFM". (Attachments: #1 Main PDF to Document #74 )(alm, ) |
| Filing 74 Joint MOTION for Extension of Time to File Redacted Versions of Class Certification Documents Under Seal by Fred's Inc., Southern Independent Bank. (Smith, Richard) (Main Document 74 replaced on 4/25/2019 to attach a corrected PDF document to reflect the Referral Judge's initials in the case number as "GMB" and not "TFM".) (alm, ). Modified on 4/25/2019 to add as also filed on behalf of the Plf (alm, ). |
| Filing 73 Minute Entry for proceedings held before Honorable Judge William Keith Watkins: Status Conference held on 4/17/2019 (PDF available for court use only). (war, ) |
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Filing 72
TEXT ORDER: It is ORDERED that the Telephonic Status Conference set for 4/17/2019 at 11:00 AM will be held ON THE RECORD before Honorable Judge William Keith Watkins. The Clerk of the Court is DIRECTED to provide a court reporter for the hearing. Signed by Honorable Judge William Keith Watkins on 4/16/2019. Furnished: calendar, WR. (dmn, ) (NO PDF)
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Filing 71
TEXT ORDER: The telephonic status conference currently scheduled for 4/17/2019 at 2:00 PM is RESET to 4/17/2019 at 11:00 AM. Signed by Honorable Judge William Keith Watkins on 4/5/2019. (No pdf attached to this entry) (Furnished: Calendar & WR) (Terminated: Telephonic Status Conference for 4/17/2019 at 2:00 PM) (alm, ) Modified on 4/5/2019 to add the date and time terminated (alm, ).
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Filing 70
TEXT ORDER: The telephonic status conference currently scheduled for 4/4/2019 is RESET to 4/17/2019, at 2:00 PM. Signed by Honorable Judge William Keith Watkins on 4/3/2019. (No pdf attached to this entry) (Furnished: Calendar & WR) (Terminated: Telephonic Status Conference for 4/4/2019) (alm, )
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| Filing 69 NOTICE of Correction re #68 Memorandum Opinion and Order. The original pdf contained a typographical error on page 24. The correct pdf is attached to this notice. (Attachments: #1 Correct pdf of Doc. #68 )(dmn, ) |
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Filing 68
MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: (1) Plaintiffs motion for class certification (Doc. [41) is DENIED. (2) Defendants motion to exclude Plaintiffs expert Ian Ratners testimony (Doc. 44 ) is DENIED. (3) Plaintiffs motion to exclude Defendants expert Tony Emricks testimony (Doc. 46 ) is DENIED. (4) Defendants motion for leave to file instanter sur-reply brief (Doc. #50 ) is GRANTED. (5) A telephonic Status Conference will be held on 4/4/2019 at 10:00 AM CDT before Honorable Judge William Keith Watkins, at which time the parties should be prepared to discuss the next steps in the litigation, including scheduling, possibility of settlement, and unsealing the class action filings. Defendant is DIRECTED to set up the call. An amended scheduling order will be entered following the status conference. Signed by Honorable Judge William Keith Watkins on 3/13/2019. Furnished calendar, WR.(dmn, ) (Main Document 68 replaced on 3/13/2019) (dmn, ). Modified on 3/13/2019 to replace pdf due to typographical error on page 24. (dmn, )
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| Filing 67 NOTICE of Correction re #66 Notice, to attach a corrected pdf document to reflect the proper Referral Judge's initials in the case number as "GMB" & not "TFM", and also to reflect the proper date on the pleading as 2/18/2019 & not 2/12/2019. (Attachments: #1 Main PDF to Document #66 )(alm, ) |
| Filing 66 NOTICE of Regarding Authority Cited in Class Certification Opposition Brief by Fred's Inc. (Smith, Richard) (Main Document 66 replaced on 2/19/2019 to attach a corrected pdf document to reflect the proper Referral Judge's initials in the case number and also to reflect the proper date on the pleading) (alm, ). Modified on 2/19/2019 (alm, ). |
| Case reassigned to Honorable Judge Gray M. Borden. Honorable Judge Terry F. Moorer no longer assigned to the case as referral judge. (dmn, ) (NO PDF) |
| Filing 65 JOINT Response to order to show cause re #63 Order to Show Cause,, filed by Fred's Inc., Southern Independent Bank. (Smith, Richard) Modified on 8/30/2018 to add as also filed on behalf of the plf and to correct the docket text to reflect as a Joint Response and not a Joint Reply to response. (wcl, ). |
| Filing 64 JOINT STATUS REPORT Regarding Settlement Discussions by Fred's Inc., Southern Independent Bank. (Smith, Richard) Modified on 8/30/2018 to clarify the docket text and to add as also filed on behalf of the plf (wcl, ). |
| NOTICE of Docket Text Correction re #65 Joint Reply to response to order to show cause, to correctly reflect as a Joint Response to Show Cause Order and not a Joint Reply to response. (No pdf attached to this entry) (wcl, ) |
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Filing 63
ORDER: The presumptive public right of access to court filings supports the earlier order for the parties to confer and advise the court which materials should remain under seal and which materials may be unsealed. ORDER directing the parties TO SHOW CAUSE as to whether they have complied with the court's directives in the #40 Order issued on 12/8/2017 as further set out in the order. Show Cause Response due by 8/31/2018. Signed by Chief Judge William Keith Watkins on 8/24/2018. (dmn, )
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Filing 62
ORDER: Plaintiff and Defendant are DIRECTED to prepare courtesy copies of the briefs and exhibits they filed pertaining to the pending motions for class certification (Docs. #41 , 45 , 47 ) and to exclude testimony (Docs. 44 , 46 , 48 , #50 , 51 , 52 , 53 , #56 , #57 ). The courtesy copies should be printed with the CM/ECF header printed on every page. The courtesy copy shall be bound in a three-ring binder, tabbed, and printed double-sided. The binder shall include both a front label and a spine label clearly marked with the case number and case name. The courtesy copies are due 8/31/2018. There is no requirement that courtesy copies be hand-delivered to chambers; courtesy copies may be mailed to chambers. Signed by Chief Judge William Keith Watkins on 8/24/2018. (dmn, )
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Filing 61
ORDER: Upon consideration of the parties' #58 Notice Concerning Settlement Conference and Mediation, it is ORDERED that, on or before 8/31/2018, the parties shall file a joint status report. Signed by Chief Judge William Keith Watkins on 8/24/2018. (dmn, )
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| Filing 60 Case Reassigned to Chief Judge William Keith Watkins as presiding judge; Honorable Judge Myron H. Thompson no longer assigned to the case. (wcl, ) |
| Filing 59 Case Reassigned to Honorable Judge Myron H. Thompson as presiding judge; Honorable Judge Jose E. Martinez no longer assigned to the case. (wcl, ) |
| Case Reassigned to Honorable Judge Terry F. Moorer as referral judge; Honorable Judge Charles S. Coody no longer assigned to the case. (No pdf attached to this entry) (wcl, ) |
| Filing 58 Notice of Mediation and Settlement Conference by Southern Independent Bank (Aughtman, Joseph) |
| Filing 57 RESPONSE in Opposition re #50 SEALED MOTION for Leave to File Instanter Sur-Reply Brief in Opposition to Plf's Motion for Class Certification filed by Southern Independent Bank. (Attachments: #1 Exhibit A)(Aughtman, Joseph) Modified on 6/22/2018 to clarify the docket text (wcl, ). |
| Filing 56 REPLY BRIEF re 46 MOTION to Exclude Dft Tony Emrick's Testimony filed by Southern Independent Bank. (Aughtman, Joseph) Modified on 6/22/2018 to add the link to the 46 motion (wcl, ). |
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Filing 55
ORDER GRANTING JOINT MOTION TO STAY CASE PENDING CLASS CERTIFICATION RULING [ECF 54]: It is ORDERED AND ADJUDGED: 1. The parties' Joint Motion to Stay Pending Class Certification Ruling [ECF #54 ] is GRANTED. 2. All remaining case deadlines set forth in the Court's Uniform Scheduling Order [ECF #38 ] are STAYED (with the exception of deadlines related to class certification briefing) pending the Court's resolution of plaintiff s pending motion for class certification. The Court will issue order resetting the remaining deadlines after issuance of the class certification ruling. Signed by Honorable Judge Jose E. Martinez on 6/5/2018. Copies furnished to calendar group, AG. (Deadlines terminated: Non-Jury Trial set for 2/19/2019, Final PTC set for 12/18/2018.)(dmn, )
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| Filing 54 Joint MOTION to Stay Case Deadlines Pending Class Certification Ruling by Fred's Inc., Southern Independent Bank. (Smith, Richard) Modified on 6/5/2018 to include additional filer. (dmn, ) |
| Filing 50 SEALED MOTION for Leave to File Instanter Sur-Reply Brief in Opposition to Plf's Motion for Class Certification by Fred's Inc.. (wcl, ) |
| Filing 49 Notice of Mediation and Settlement Conference by Southern Independent Bank (Aughtman, Joseph) |
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Filing 43
ORDER GRANTING MOTION FOR EXTENSION OF CLASS CERTIFICATION DEADLINES: it is hereby: ORDERED AND ADJUDGED that 1) Dft's #42 Unopposed Motion for Extension of Class Certification Deadlines is GRANTED, as further set out in order. Signed by Honorable Judge Jose E. Martinez on 2/9/2018. (wcl, )
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| Filing 42 MOTION for Extension of Deadline Opposition to Plaintiff's Motion for Class Certification and Related Case Deadlines by Fred's Inc.. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Extension)(Smith, Richard) |
| Filing 41 ***SEALED- MOTION for class certification and incorporated memorandum of law by Southern Independent Bank. (djy, ) (Attachment(s) added on 12/11/2017: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27 part 1, #29 Exhibit 27 part 2, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Appendix B, #40 Appendix B Exhibit I, #41 Appendix B Exhibit II, #42 Appendix B Exhibit III, #43 Appendix B Exhibit IV, #44 Appendix B Exhibit A, #45 Appendix B Exhibit B, #46 Appendix B Exhibit C, #47 Appendix C, #48 Appendix C Trial Plan) (djy, ). Modified on 12/11/2017 to attach sealed exhibits to this entry (qc/djy, ). |
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Filing 40
ORDER granting #39 Motion to temporarily file under seal; plf's motion for class certification and any response or reply to such motion (the "sealed documents") may be temporarily filed under seal; after meeting and conferring, the parties shall file a motion requesting what portions of each sealed document should remain under seal and what information will be de-designated; within 14 days of the earlier of (i) the resolution of the motion or (ii) the resolution of this case, the parties shall file a motion regarding how the Sealed documents should be handled, as further set out in order. Signed by Honorable Judge Jose E. Martinez on 12/7/17. (djy, )
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| Filing 39 Joint MOTION to Seal by Southern Independent Bank. (Aughtman, Joseph) Modified on 12/4/2017 to clarify text to reflect as also filed on behalf of Fred's Inc. (qc/djy, ). |
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Filing 38
SCHEDULING ORDER: setting on-the-record Pretrial Conference for 12/18/2018 before Honorable Judge Jose E. Martinez, in the US Courthouse, Montgomery, AL; Non-Jury Trial set for 2/19/2019 before Honorable Judge Jose E. Martinez, in Montgomery, AL; Amended Pleadings due by 11/27/2017; Discovery completed by 5/23/2018; dispositive and daubert Motions due by 6/22/2018; Mediation Notice due by 5/28/2018, as further set out in order. Signed by Honorable Judge Jose E. Martinez on 10/4/17. Furnished to calendar group & AG.(djy, )
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Filing 37
ORDER denying def's #28 Motion for Reconsideration or to Certify question to Alabama Supreme Court, as further set out in order. Signed by Honorable Judge Jose E. Martinez on 8/17/17. (Attachments: #1 civil appeals checklist) (djy, )
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| Filing 36 NOTICE of Non-Compliance re #35 (Initial Disclosures,) erroneously entered on the docket as Corporate/Conflict Disclosure Statement, which is hereby STRICKEN pursuant to Local Rules re: Non-Filing of Civil Discovery. (djy, ) |
| Filing 35 (STRICKEN pursuant to Local Rules re: non-filing of civil discovery) Corporate/Conflict (Initial) Disclosure Statement by Southern Independent Bank. (Aughtman, Joseph) Modified on 2/1/2017 to clarify text to reflect as initial disclosures incorrectly entered on the docket as corporate/conflict disclosure statement (qc/djy, ). |
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Filing 34
ORDER, upon consideration of the parties' #33 Consent MOTION for a Protective Order, governing the disclosure of information in this litigation, as further set out in order. Signed by Honorable Judge Charles S. Coody on 1/23/17. (djy, )
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| Filing 33 Consent MOTION for Protective Order by Fred's Inc.. (Attachments: #1 Exhibit Stipulated Protective Order)(Smith, Richard) |
| Filing 32 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A)(Aughtman, Joseph) |
| Filing 31 REPLY BRIEF re #30 Response in Opposition to Motion, #28 MOTION for Reconsideration or to Certify filed by Fred's Inc.. (Smith, Richard) |
| Filing 30 RESPONSE in Opposition re #28 MOTION for Reconsideration or to Certify filed by Southern Independent Bank. (Aughtman, Joseph) |
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Filing 29
ORDER directing that (1) plf file a response to the #28 MOTION for Reconsideration or to Certify on or before 12/1/2016; def may file a Reply Brief in suport of the motion on or before 12/8/2016. Signed by Honorable Judge Jose E. Martinez on 11/16/16. (djy, )
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| Filing 28 MOTION for Reconsideration or to Certify question to Alabama Supreme Court by Fred's Inc.. (Attachments: #1 Brief in Support of Motion for Reconsideration or to Certify)(Smith, Richard) Modified on 8/17/2017 to clarify text to reflect as to Certify Question to ASC (qc/djy, ). |
| Filing 27 ANSWER to #1 Complaint by Fred's Inc..(Smith, Richard) |
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Filing 26
ORDER (1) granting def's consent #25 Motion for Extension of Time ; (2) def may have through and including 11/10/2016 to file its answer. Signed by Honorable Judge Jose E. Martinez on 10/25/16. (djy, )
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| Filing 25 Consent MOTION for Extension of Time to File Answer by Fred's Inc.. (Smith, Richard) |
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Filing 24
ORDER granting in part and denying in part def's #14 MOTION to Dismiss filed by Fred's Inc.; specifically, def's motion to dismiss pl's negligence claim is denied; def's motion to dismiss plf's negligent misrepresentation claim is granted; (2) plf's negligent misrepresentation claim is DISMISSED without prejudice, with leave to amend the complaint within 30 days of the date of this order. Signed by Honorable Judge Jose E. Martinez on 9/23/16. (djy, )
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| Filing 23 Case reassigned to Honorable Judge Jose E. Martinez. Honorable Judge Myron H. Thompson no longer assigned to the case, as presiding judge. (djy, ) |
| Case reassigned to Honorable Judge Charles S. Coody. Honorable Judge Wallace Capel, Jr no longer assigned to the case as referral judge (NO PDF document attached to this notice). (djy, ) |
| Filing 22 REPLY BRIEF re #14 MOTION to Dismiss filed by Fred's Inc.. (Smith, Richard) |
| Filing 21 BRIEF/MEMORANDUM in Opposition re #14 MOTION to Dismiss filed by Southern Independent Bank. (Aughtman, Joseph) |
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Filing 20
ORDER GRANTING #17 Joint MOTION for Extension and #18 Amended MOTION for Extension ; the #14 motion to dismiss is reset for submission, without oral argument, on 2/16/2016, with any Opposition brief due by 2/2/2016, and any Reply to the opposition due by 2/16/2016, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 1/20/16. (djy, )
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| Filing 19 NOTICE of Correction re #17 Joint MOTION for Extension of Time and #18 Amended MOTION for Extension of Time to correct the main PDF documents to include the electronic signature of counsel on the certificates of service (Attachments: #1 corrected main document to Docket Entry #17 , #2 corrected main document to Docket Entry #18 )(djy, ) |
| Filing 18 Amended MOTION for Extension of Time to File Response/Reply as to #16 Order, Set Deadlines,, by Southern Independent Bank. (Aughtman, Joseph) (Main Document 18 replaced on 1/20/2016) (djy, ). |
| Filing 17 Joint MOTION for Extension of Time to File Response/Reply as to #16 Order, Set Deadlines,, by Southern Independent Bank. (Aughtman, Joseph) (Main Document 17 replaced on 1/20/2016 to correct main pdf document to include counsel's electronic signature on certificate of service) (qc/djy, ). |
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Filing 16
ORDER directing that the #14 MOTION to Dismiss is set for submission, without oral argument, on 1/26/2016, with any opposition brief due by 1/19/2016, and any Reply to the opposition due by 1/26/2016. Signed by Honorable Judge Myron H. Thompson on 1/5/16. (djy, )
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| ***Attorney James A. Slater,Sam A. Camardo for Fred's Inc. added pursuant to the 15 Text Order. (kh, ) |
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Filing 15
TEXT ORDER granting #11 Motion for Leave to Appear Pro Hac Vice; granting #12 Motion for Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 12/21/2015. (no pdf document attached to this entry)(kh, )
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| Filing 14 MOTION to Dismiss by Fred's Inc.. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)(Smith, Richard) |
| Filing 13 Corporate/Conflict Disclosure Statement by Fred's Inc.. (Smith, Richard) |
| Filing 12 Motion to Appear Pro Hac Vice by Fred's Inc.. (Attachments: #1 Certificate of Good Standing)(Smith, Richard) |
| Filing 11 Motion to Appear Pro Hac Vice by Fred's Inc.. (Attachments: #1 Certificate of Good Standing)(Smith, Richard) |
| Mail Returned as Undeliverable. Copy of 9 & 10 sent to Fred's Inc. returned in mail with the following notation, "returned to sender-vacant, unable to forward". (NO PDF document attached to this notice). (djy, ) |
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Filing 10
TEXT ORDER granting #5 Motion for Kenneth J. Grunfeld Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 11/17/15. (NO PDF document attached to this notice). (djy, )
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Filing 9
TEXT ORDER granting #6 Motion for Richard M. Golomb Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 11/17/15. (NO PDF document attached to this notice). (djy, )
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| Filing 8 Received Pro Hac Vice Filing fee for Kenneth Grunfeld re: #5 motion: $ 50.00, receipt number 4602039079 (djy, ) |
| Filing 7 Received pro hac vice Filing fee re: attorney Richard M. Golomb, #6 motion : $ 50.00, receipt number 4602039080 (djy, ) |
| Filing 6 Motion for Richard M. Golomb to Appear Pro Hac Vice by Southern Independent Bank. (Attachments: #1 Certificate of Good Standing)(Aughtman, Joseph) Modified on 11/16/2015 to clarify text to include name of attorney (qc/djy, ). |
| Filing 5 Motion for Kenneth J. Grunfeld to Appear Pro Hac Vice by Southern Independent Bank. (Attachments: #1 Certificate of Good Standing)(Aughtman, Joseph) Modified on 11/16/2015 to clarify text to include name of attorney (qc/djy, ). |
| Filing 4 Return Receipt Card showing service of summons & complaint signed by Cricka Milligan for Fred's Inc. served on 11/6/2015, answer due 11/27/2015. (djy, ) |
| Filing 3 Summons Issued as to Fred's Inc.; mailed CMRRR with copy of #1 complaint (kh, ) |
| DEMAND for Trial by Jury by Southern Independent Bank. (NO PDF document attached to this notice-See Docket entry #1 ). (djy, ) |
| Filing 2 Corporate/Conflict Disclosure Statement by Southern Independent Bank. (kh, ) |
| Filing 1 COMPLAINT against Fred's Inc. ( Filing fee $ 400.00 receipt number 4602038856.), filed by Southern Independent Bank. (Attachments: #1 Filing Fee Receipt)(kh, ) |
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